(a) Rules reciting statutory limitations are provided
as a convenient reference only, and to the extent there is any deviation
from the provisions of statute, the statutory language is controlling.
(b) Two Mile Same Year Rule (Competitive HTC Only).
(1) As required by Tex. Gov't Code §2306.6711(f),
staff will not recommend for award, and the Board will not make an
award to an Application that proposes a Development Site located in
a county with a population that exceeds one million, if the proposed
Development Site is also located less than two linear miles from the
proposed Development Site of another Application within said county
that is awarded in the same calendar year. If two or more Applications
are submitted that would violate §2306.6711(f), the lower scoring
of the Applications, including consideration of tie-breakers, will
not be reviewed unless the higher scoring Application is terminated
or withdrawn. The higher scoring Application will take priority regardless
of the Set-Asides under which the Applications are submitted.
(2) This subsection does not apply if an Application
is located in an area that meets the requirements of Tex. Gov't Code §2306.6711(f-1),
which excludes any municipality with a population of two million or
more where a federal disaster has been declared by the Full Application
Delivery Date as identified in §11.2(a) of this chapter (relating
to Competitive HTC Deadlines), and the governing body of the municipality
containing the Development has by vote specifically authorized the
allocation of housing tax credits for the Development in a resolution
submitted by the Full Application Delivery Date as identified in §11.2(a)
of this chapter, and the municipality is authorized to administer
disaster recovery funds as a subgrant recipient.
(c) Twice the State Average Per Capita (Competitive
HTC and Tax-Exempt Bond Only). As provided for in Tex. Gov't Code §2306.6703(a)(4),
if a proposed Development is located in a municipality, or if located
completely outside a municipality, a county, that has more than twice
the state average of units per capita supported by Housing Tax Credits
or private activity bonds at the time the Application Acceptance Period
Begins (or for Tax-Exempt Bond Developments, Applications submitted
after the Application Acceptance Period Begins), then the Applicant
must obtain prior approval of the Development from the Governing Body
of the appropriate municipality or county containing the Development.
Such approval must include a resolution adopted by the Governing Body
of the municipality or county, as applicable, setting forth a written
statement of support, specifically citing Tex. Gov't Code §2306.6703(a)(4)
in the text of the actual adopted resolution, and authorizing an allocation
of Housing Tax Credits for the Development. An acceptable, but not
required, form of resolution may be obtained in the Uniform Multifamily
Application Templates. Required documentation must be submitted by
the Full Application Delivery Date as identified in §11.2(a)
of this chapter (relating to Competitive HTC Deadlines) or Resolutions
Delivery Date in §11.2(b) of this chapter (relating to Tax-Exempt
Bond and Direct Loan Only Application Dates and Deadlines), as applicable.
(d) One Mile Three Year Rule (Competitive HTC and Tax-Exempt
Bond Only). (§2306.6703(a)(3)).
(1) An Application that proposes the New Construction
or Adaptive Reuse of a Development that is located one linear mile
or less (measured between closest boundaries by a straight line on
a map) from another development that meets all of the criteria in
subparagraphs (A) - (C) of this paragraph shall be considered ineligible.
(A) A Development that serves the same Target Population
as the proposed Development, regardless of whether the Development
serves general, Elderly, or Supportive Housing; and
(B) A Development that has received an allocation of
Housing Tax Credits or private activity bonds, or a Supplemental Allocation
of credits, for any New Construction at any time during the three-year
period preceding the date the Application Round begins (or for Tax-Exempt
Bond Developments the three-year period preceding the date the Certificate
of Reservation is issued); and
(C) The Development in subparagraph (B) of this paragraph
has not been withdrawn or terminated from the Housing Tax Credit Program.
(2) Paragraph (1) of this subsection does not apply
to a proposed Development:
(A) That is using federal HOPE VI (or successor program)
funds received through HUD;
(B) That is using locally approved funds received from
a public improvement district or a tax increment financing district;
(C) That is using funds provided to the state under
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. §§12701
et seq.);
(D) That is using funds provided to the state and participating
jurisdictions under the Housing and Community Development Act of 1974
(42 U.S.C. §§5301 et seq.);
(E) That is located in a county with a population of
less than one million;
(F) That is located outside of a metropolitan statistical
area; or
(G) That the Governing Body of the appropriate municipality
or county where the Development is to be located has by vote specifically
allowed the construction of a new Development located within one linear
mile or less from a Development described under paragraph (1)(A) of
this subsection. An acceptable, but not required, form of resolution
may be obtained in the Uniform Multifamily Application Templates.
Required documentation must be submitted by the Full Application Delivery
Date as identified in §11.2(a) of this chapter, regarding Competitive
HTC Deadlines, or Resolutions Delivery Date in §11.2(b) of this
chapter, regarding Tax-Exempt Bond and Direct Loan Only Development
Dates and Deadlines, as applicable.
(3) Where a specific source of funding is referenced
in paragraphs (2)(A) - (D) of this subsection, a commitment or resolution
documenting a commitment of the funds must be provided in the Application.
(e) Limitations on Developments in Certain Census Tracts.
An Application that proposes the New Construction or Adaptive Reuse
of a Development proposed to be located in a census tract that has
more than 20% Housing Tax Credit Units per total households as reflected
in the Department's current Site Demographic Characteristics Report
shall be considered ineligible unless the Governing Body of the appropriate
municipality or county containing the Development has adopted a resolution
that the Governing Body of the appropriate municipality or county
containing the Development has no objection to the Application. Rehabilitation
Developments are not required to obtain such resolution. The resolution
must be submitted by the Full Application Delivery Date as identified
in §11.2(a) of this chapter or Resolutions Delivery Date in §11.2(b)
of this chapter, as applicable.
(f) Proximity of Development Sites. (Competitive HTC
Only) In a county with a population that is less than one million,
if two or more HTC Applications, regardless of the Applicant(s), are
proposing Developments serving the same Target Population on sites
separated by 1,000 feet or less, the lower scoring of the Application(s),
including consideration of tie-breakers, will be considered ineligible
and will not be reviewed unless the higher scoring Application is
terminated or withdrawn.
(g) One Award per Census Tract Limitation (Competitive
HTC Only). If two or more Competitive HTC Applications are proposing
Developments in the same census tract in an urban subregion, the lower
scoring of the Application(s), including consideration of tie breakers,
will be considered ineligible and will not be reviewed unless the
higher scoring Application is terminated or withdrawn. This subsection
does not apply to Applications submitted under §11.5(2) of this
chapter (relating to USDA Set-Aside) or §11.5(3) (relating to
At-Risk Set-Aside).
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