| (B) Include the "Utility Allowance Questionnaire for
Applications" along with all required back up based on the method.
If back-up is not submitted the Utility Allowance will be calculated
using the HUD Utility Schedule Model as described in subsection (d)(3)
of this section.
(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. Once a request to change
the utility allowance is approved or implemented, the utility allowance
used at underwriting is no longer valid.
(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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