The following words and terms, when used in this chapter, shall
have the following meanings unless the context indicates otherwise.
Any capitalized terms not specifically defined in this section or
any section referenced in this chapter shall have the meaning as defined
in Chapter 2306 of the Tex. Gov't Code, the Program Rules, the Texas
Administrative Code (TAC), or applicable federal regulations.
(1) Activity--The assistance provided to a specific
Household or Administrator by which funds are used for acquisition,
new construction, reconstruction, rehabilitation, refinance of an
existing Mortgage, tenant-based rental assistance, or other Department
approved Expenditure under a single family housing Program.
(2) Administrator--A unit of local government, Nonprofit
Organization or other entity acting as a subrecipient, Developer,
or similar organization that has an executed written Agreement with
the Department.
(3) Affiliate--If, directly or indirectly, either one
Controls or has the power to Control the other or a third person Controls
or has the power to Control both. The Department may determine Control
to include, but not be limited to:
(A) Interlocking management or ownership;
(B) Identity of interests among family members;
(C) Shared facilities and equipment;
(D) Common use of employees; or
(E) A business entity which has been organized following
the exclusion of a person which has the same or similar management,
ownership, or principal employees as the excluded person.
(4) Affiliated Party--A person or entity with a contractual
relationship with the Administrator as it relates to a Program, the
form of assistance under a Program, or an Activity.
(5) Affirmative Marketing Plan--HUD Form 935.2B or
equivalent plan created in accordance with HUD requirements to direct
specific marketing and outreach to potential tenants and homebuyers
who are considered "least likely" to know about or apply for housing
based on an evaluation of market area data. May be referred to as
"Affirmative Fair Housing Marketing Plan" (AFHMP).
(6) Agreement--Same as "Contract." May be referred
to as a "Reservation System Agreement" or "Reservation Agreement"
when providing access to the Department's Reservation System as defined
in this chapter.
(7) Amy Young Barrier Removal Program--A program designed
to remove barriers and address immediate health and safety issues
for Persons with Disabilities as outlined in the Program Rule.
(8) Annual Income--The definition of Annual Income
and the methods utilized to establish eligibility for housing or other
types of assistance as defined under the Program Rule.
(9) Applicant--An individual, unit of local government,
nonprofit corporation or other entity, as applicable, who has submitted
to the Department or to an Administrator an Application for Department
funds or other assistance.
(10) Application--A request for a Contract award or
a request to participate in a Reservation System submitted by an Applicant
to the Department in a form prescribed by the Department, including
any exhibits or other supporting material.
(11) Area Median Family Income (AMFI)--The income limits
published annually by the U.S. Department of Housing and Urban Development
(HUD) for the Housing Choice Voucher Program that is used by the Department
to determine the income eligibility of Households to participate in
Single Family Programs.
(12) Borrower--a Household that is borrowing funds
from or through the Department for the acquisition, new construction
and/or rehabilitation of the Household's Principal Residence.
(13) Certificate of Occupancy--Document issued by a
local authority to the owner of premises attesting that the structure
has been built in accordance with building ordinances.
(14) CFR--Code of Federal Regulations.
(15) Combined Loan to Value (CLTV)--The aggregate principal
balance of all the Mortgage Loans, including Forgivable Loans, divided
by the appraised value.
(16) Competitive Application Cycle--A defined period
of time that Applications may be submitted according to a published
Notice of Funding Availability (NOFA) that will include a submission
deadline and selection or scoring criteria.
(17) Concern--A policy, practice or procedure that
has not yet resulted in a Finding, but if not changed will or may
result in a Finding, or disallowed costs.
(18) Contract--The executed written agreement between
the Department and an Administrator performing an Activity related
to a single family Program that describes performance requirements
and responsibilities. May also be referred to as "Agreement."
(19) Contract Term--The timeframe in which funds may
be expended under the Contract or Agreement for certain administrative
costs and for all the hard and soft costs of Activities, as further
described in the Contract or Agreement.
(20) Control--The possession, directly or indirectly,
of the power to direct or cause the direction of the management, operations
or policies of any person or entity, whether through the ownership
of voting securities, ownership interests, or by contract or otherwise.
(21) Debt--A duty or obligation to pay money to a creditor,
lender, or person which can include car payments, credit card bills,
loans, child support payments, and student loans.
(22) Debt-to-Income Ratio--The percentage of gross
monthly income from Qualifying Income that goes towards paying off
Debts and is calculated by dividing total recurring monthly Debt by
gross monthly income expressed as a percentage.
(23) Deobligate--The cancellation of or release of
funds under a Contract or Agreement as a result of expiration of,
termination of, or reduction of funds under a Contract or Agreement.
(24) Developer--Any person, general partner, Affiliate,
or Affiliated Party or affiliate of a person who owns or proposes
a Development or expects to acquire control of a Development and is
the person responsible for performing under the Contract with the
Department.
(25) Development--A residential housing project for
homeownership that consists of one or more units owned by the Developer
during the development period and financed under a common plan which
has applied for Department funds. This includes a project consisting
of multiple units of housing that are located on scattered sites.
(26) Domestic Farm Laborer--Individuals (and the Household)
who receive a substantial portion of their income from the production
or handling of agricultural or aquacultural products.
(27) Draw Request--A request submitted to the Department,
by an Administrator, seeking reimbursement of Program funds for completing
an expenditure relating to the Program.
(28) Enforcement Committee--The Committee as defined
in Chapter 2 of this title (relating to Enforcement).
(29) Finding--An Administrator's material failure to
comply with rules, regulations, the terms of the Contract, or to provide
services under a Program to meet appropriate standards, goals, and
other requirements established by the Department or funding source
(including performance objectives). A Finding impacts the organization's
ability to achieve the goals of the program and may jeopardize continued
operations of the Administrator. A Finding includes the identification
of an action or failure to act that results or may result in disallowed
costs.
(30) Forgivable Loan--Financial assistance in the form
of a Mortgage Loan that is not required to be repaid if the terms
of the Mortgage Loan are met.
(31) HOME Program--A HUD funded Program authorized
under the HOME Investment Partnerships Program at 42 U.S.C. §§12701
- 12839.
(32) Household--One or more persons occupying a rental
unit or owner-occupied Single Family Housing Unit as their primary
residence. May also be referred to as a "family" or "beneficiary."
(33) Housing Contract System (HCS)--The electronic
information system or systems that are part of the "central database"
established by the Department to be used for tracking, funding, and
reporting single family Contracts and Activities. May also be known
as Contract System.
(34) HUD--The United States Department of Housing and
Urban Development or its successor.
(35) Improvement Survey--A boundary survey plus land
improvements by a Texas surveyor with a surveyor's seal, license number,
and signature, meeting the requirements of the Texas Board of Professional
Land Surveying under Chapter 663, Part 29, Title 2 of the TAC, showing
(at a minimum) the accompanying legal description; all boundaries
clearly labeled with calls and distance found on the ground and per
the legal description; the location of all improvements, structures,
visible utilities, fences, or walls; any boundary or visible encroachments;
all adjoinders and recording information; location of all easements,
setback lines, and utilities; or other Cont'd... |