| (3) If the application includes MFDL funds from the
Department, Applicants may calculate the utility allowance in accordance
with subsection (c)(3)(B), (C), (D) or (E) of this section related
to Methods. Applicants must submit their utility allowance to the
Compliance Division prior to full application submission. In the event
that the application has an MFDL from the Department, and receives
federal funds from a unit of local government, the Department will
require the use of the allowance approved by the Department.
(4) If the application includes federal funds from
a unit of local government but no MFDL from the Department, Applicants
are required to request in writing the Utility Allowance from the
awarding jurisdiction. If the awarding jurisdiction does not respond
or requests the Department to calculate the allowance, the Department
will establish the initial Utility Allowance in accordance with subsection
(d)(3) of this section.
(5) For all other applications, Applicants may calculate
the utility allowance in accordance with subsection (c)(3)(A), (B),
(C), (D), or (E) of this section related to Methods.
(A) Upon request, the Compliance Division will calculate
or review an allowance within 21 days but no earlier than 90 days
from when the application is due.
(B) Example 614(8): An application for a 9% HTC is
due March 1, 2017. The applicant would like Department approval to
use an alternative method by February 15, 2017. The request must be
submitted to the Compliance Division no later than January 25, 2017,
three weeks before February 15, 2017.
(C) Example 614(9): An Applicant intends to submit
an application for a 4% HTC with Tax Exempt Bonds on August 11, 2017,
and would like to use an alternative method. Because approval is needed
prior to application submission, the request can be submitted no earlier
than May 13, 2017, (90 days prior to August 11, 2017) and no later
than July 21, 2017, (21 days prior to August 11, 2017).
(6) All Utility Allowance requests related to applications
of funding must:
(A) Be submitted directly to ua_application@tdhca.state.tx.us.
Requests not submitted to this email address will not be recognized.
(B) Include the "Utility Allowance Questionnaire for
Applications" along with all required back up based on the method.
(l) If Owners want to change to a utility allowance
other than what was used for underwriting the Owner must submit Utility
Allowance documentation for Department approval, at minimum, 90 days
prior to the commencement of leasing activities. The Owner is not
required to review the utility allowances, or implement new utility
allowances, until the building has achieved 90% occupancy for a period
of 90 consecutive days or the end of the first year of the Credit
Period (if applicable), whichever is earlier.
(m) The Department reserves the right to outsource
to a third party the review and approval of all or any Utility Allowance
requests to use the Energy Consumption Model or when review requires
the use of expertise outside the resources of the Department. In accordance
with Treasury Regulation §1.42-10(c) any costs associated with
the review and approval shall be paid by the Owner.
(n) All requests described in this subsection must
be complete and uploaded directly to the Development's CMTS account
using the "Utility Allowance Documents" in the type field and "Utility
Allowance" as the TDHCA Contact. The Department will not be able to
approve requests that are incomplete and/or are not submitted correctly.
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