| (a) To the extent that Applications under Department's
rules or NOFAs allow for and/or require use of a Proposed Development
to participate in the 811 PRA Program, the Proposed Development must
satisfy the following criteria:
(1) Unless the Development is also proposing to use
any federal funding or has received federal funding after 1978, the
Development must not be originally constructed before 1978;
(2) The Development Site must be located in one of
the following areas: Austin-Round Rock MSA, Brownsville-Harlingen
MSA, Corpus Christi MSA; Dallas-Fort Worth-Arlington MSA; El Paso
MSA; Houston-The Woodlands-Sugar Land MSA; McAllen-Edinburg-Mission
MSA; or San Antonio-New Braunfels MSA; and
(3) No new construction of structures shall be located
in the mapped 500-year floodplain or in the 100-year floodplain according
to FEMA's Flood Insurance Rate Maps (FIRM). Rehabilitation Developments
that have previously received HUD funding or obtained HUD insurance
do not have to follow subparagraphs (A) - (C) of this paragraph. Except
for sites located in coastal high hazard areas (V Zones) or regulatory
floodways, existing structures are eligible in these areas, but must
meet the following requirements:
(A) The existing structures must be flood-proofed or
must have the lowest habitable floor and utilities elevated above
both the 500-year floodplain and the 100-year floodplain.
(B) The project must have an early warning system and
evacuation plan that includes evacuation routing to areas outside
of the applicable floodplains.
(C) Existing structures in the 100-year floodplain
must obtain flood insurance under the National Insurance Program.
No activities or projects located within the 100-year floodplain may
be assisted in a community that is not participating in or has been
suspended from the National Flood Insurance Program.
(b) The following requirements must be satisfied for
the Units that participate in the 811 PRA Program. Failure for a Unit
to meet these requirements does not make the entire Development ineligible,
rather only those Units.
(1) Units in the Development are not eligible for Section
811 assistance if they have an existing or proposed project-based
or an operating housing subsidy attached to them or if they have received
any form of long-term operating subsidy within six months prior to
receiving Section 811 Rental Assistance Payments.
(2) Units with an existing or proposed 62 or up age
restriction are not eligible.
(3) Units with an existing or proposed limitation for
persons with disabilities are not eligible. A Development having a
preference for Persons with Disabilities, or a use restriction for
Special Needs Populations, which could include but is not limited
to Persons with Disabilities, is not a Unit limitation for purposes
of this item.
(4) Units with an existing or proposed occupancy restriction
for households at 30% or below are not eligible, unless there are
no other Units at the Development.
(c) Developments cannot exceed the integration requirements
of the Department and HUD. Properties that are exempt from the Department's
Integrated Housing Rule at §1.15 of this title (relating to Integrated
Housing Rule) are not exempt from HUD's Integration Requirement maximum
of 25%. The maximum number of units a Development can exclusively
set aside or have an occupancy preference for persons with disabilities,
including Section 811 PRA units is 25% of the total units in the Eligible
Multifamily Property.
(d) Section 811 PRA units must be dispersed throughout
the Development.
|
