| (G) The Development Site at Application is at least
in part the Development Site at pre-application, and the census tract
number or numbers listed at pre-application is the same at Application.
The site at full Application may not require notification to any person
or entity not required to have been notified at pre-application
(H) The distance used to determine the Tie-Breaker
established in 10 TAC §11.7(2) remains the same or does not decrease
between pre-application and full Application. If closer features to
the Development Site are identified that could potentially result
in a lower distance used for the Tie-Breaker, Applicants may elect
to continue using the higher distance submitted with the Pre-Application
in order to not be disqualified from pre-application points;
(I) For Applications funded through the USDA Set-Aside;
year of initial construction as a residential Development remains
the same or is not earlier;
(J) 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.
(K) The pre-application met all applicable requirements.
(4) Leveraging of Private, State, and Federal Resources.
(§2306.6725(a)(3))
(A) An Application may qualify to receive up to three
(3) points if at least 5% of the total Units are restricted to serve
households at or below 30% of AMGI (restrictions elected under other
point items may count) and the Housing Tax Credit funding request
for the proposed Development meet one of the levels described in clauses
(i) - (iv) of this subparagraph:
(i) the Development leverages CDBG Disaster Recovery,
HOPE VI, RAD, or Choice Neighborhoods funding and the Housing Tax
Credit Funding Request is less than 9% of the Total Housing Development
Cost (3 points). The Application must include a commitment of such
funding; or
(ii) if the Housing Tax Credit funding request is less
than 9% of the Total Housing Development Cost (3 points); or
(iii) if the Housing Tax Credit funding request is
less than 10% of the Total Housing Development Cost (2 points); or
(iv) if the Housing Tax Credit funding request is less
than 11% of the Total Housing Development Cost (1 point).
(B) The calculation of the percentages stated in subparagraph
(A) of this paragraph will be based strictly on the figures listed
in the Funding Request and Development Cost Schedule. Should staff
issue an Administrative Deficiency that requires a change in either
form, then the calculation will be performed again and the score adjusted,
as necessary. However, points may not increase based on changes to
the Application. In order to be eligible for points, no more than
50% of the Developer Fee can be deferred. Where costs or financing
change after completion of underwriting or award (whichever occurs
later), the points attributed to an Application under this scoring
item will not be reassessed unless there is clear evidence that the
information in the Application was intentionally misleading or incorrect.
(5) Extended Affordability. (§§2306.6725(a)(5)
and (7); 2306.111(g)(3)(C); 2306.185(a)(1) and (c); 2306.6710(e)(2);
and 42(m)(1)(B)(ii)(II)) An Application may qualify to receive up
to four (4) points for this item.
(A) Development Owners that agree to extend the Affordability
Period for a Development to 45 years total. (4 points)
(B) Development Owners that agree to extend the Affordability
Period for a Development to 40 years total. (3 points)
(C) Development Owners that agree to extend the Affordability
Period for a Development to 35 years total. (2 points)
(6) Historic Preservation. (§2306.6725(a)(6); §42(m)(1)(C)(x)).
(A) An Application may qualify to receive five (5)
points if;
(i) For Developments with under 100 total Units at
least 55% of the residential Units shall be constructed fully or partially
within the Certified Historic Structure.
(ii) For Developments with 100 total Units or more,
at least 55 of the residential Units shall be constructed fully or
partially within the Certified Historic Structure.
(B) To qualify for points, the Development must receive
historic tax credits before or by the issuance of Forms 8609. The
Application must include either documentation from the Texas Historical
Commission that the Property is currently a Certified Historic Structure,
or documentation determining preliminary eligibility for Certified
Historic Structure status and evidence that the Texas Historic Commission
received the request for determination of preliminary eligibility
and supporting information on or before February 1 of the current
year (5 points).
(7) Right of First Refusal. (§2306.6725(b)(1); §42(m)(1)(C)(viii)).
An Application may receive points under subparagraphs (A) or (B) of
this paragraph.
(A) An Application may qualify to receive (1 point)
for Development Owners that will agree to provide a right of first
refusal to purchase the Development upon or following the end of the
Compliance Period in accordance with Tex. Gov't Code, §2306.6726
and the Department's rules including §10.407 of this title (relating
to Right of First Refusal) and §10.408 of this title (relating
to Qualified Contract Requirements).
(B) The Development at the time of LURA execution is
single family detached homes on separate lots or is organized as condominiums
under Chapter 81 or 82 of the Texas Property Code and commits to offer
a right of first refusal to tenants of the property to purchase the
dwelling at a selected term but no earlier than the end of the Compliance
Period and no later than the Extended Use Period. A de minimis amount
of a participating tenant's rent may be attributed to the purchase
of a Unit. Such commitment will be reflected in the LURA for the Development.
The Applicant must provide a description of how they will implement
the 'rent-to-own' activity, how they will make tenants aware of the
opportunity, and how they will implement the right at the end of the
selected term. If a Development is layered with National Housing Trust
Funds, HOME-ARP, or another MFDL source where homeownership is not
an eligible activity, the right of first refusal may not be earlier
than the end of the Federal Affordability Period. §42(m)(1)(C)(viii).
(1 point)
(8) Funding Request Amount. The Application requests
no more than 100% of the amount of LIHTC available within the subregion
or set-aside as determined by the regional allocation formula on or
before December 1, 2023. (1 point)
(9) Readiness to Proceed. The Application includes
a certification that site acquisition and building construction permit
submission will occur on or before the last day of March of the following
year or as otherwise permitted under subparagraph (C) of this paragraph.
These points are not available in the At-Risk or USDA Set-Asides.
(1 point)
(A) Applications must include an acknowledgement from
all lenders and the syndicator of the required closing date.
(B) The Board cannot and will not waive the deadline
and will not consider waiver under its general rule regarding waivers.
Failure to acquire the site and submit construction permits by the
March deadline will result in penalty under 10 TAC §11.9(f),
as determined solely by the Board.
(C) Applications that remain on the waiting list after
awards are made in late July that ultimately receive an award will
receive an extension of the March deadline equivalent to the period
of time between the late July meeting and the date that the Commitment
Notice for the Application is issued.
(f) Factors Affecting Scoring and Eligibility in current
and future Application Rounds. Staff may recommend to the Board and
the Board may find that an Applicant or Affiliate should be ineligible
to compete in the following year's competitive Application Round or
that it should be assigned a penalty deduction in the following year's
competitive Application Round of no more than two points for each
submitted Application (Tex. Gov't Code §2306.6710(b)(2)) because
it meets the conditions for any of the items listed in paragraphs
(1) - (4) of this subsection. For those items pertaining to non-statutory
deadlines, an exception to the penalty may be made if the Board or
Executive Director, as applicable, makes an affirmative finding setting
forth that the need for an extension of the deadline was beyond the
reasonable control of the Applicant and could not have been reasonably
anticipated. Any such matter to be presented for final determination
of deduction by the Board must include notice from the Department
to the affected party not less than 14 days prior to the scheduled
Board meeting. The Executive Director may, but is not required, to
issue a formal notice after disclosure if it is determined that the
matter does not warrant point deductions. The Executive Director may
make a determination that the matter does not warrant point deduction
only for paragraph (1) of this subsection. (§2306.6710(b)(2))
Any deductions assessed by the Board for paragraph (1), (2), Cont'd... |
