| (6) Owners of Low Income Housing Tax Credits (LIHTC)
and 501(c)(3) properties that issue through State agencies are prohibited
from having policies, procedures and/or screening practices which
have the effect of excluding applicants because they have Section
8 voucher or certificate. The verification of such an exclusionary
practice on the part of the owner or manager by a state agency will
be considered a violation and may result in the owner's inability
to participate in future housing programs of the state.
(7) When determining the priority level of an application
established under Government Code §1372.0321, the applicant shall
use the most current data available on October 1 of the year preceding
the program year in which allocation is being sought, unless specifically
otherwise provided in federal or state law or in this title. All American
Community Survey (ACS) data must be five year estimates, and any reference
to median income in this title shall be synonymous with median family
income unless otherwise specified.
(e) The order of priority for reservations in the category
described in Government Code §1372.022(a)(5), shall further be
determined as provided in Government Code §1372.033.
(f) If state ceiling becomes available on August 15,
it shall be available for all applications for reservations in the
order determined by the board by lot. If all applications have been
offered a portion of the available state ceiling then the board shall
grant reservations in the order in which the applications are received.
(g) All applications for a reservation filed after
October 20 of the preceding year by any issuer for the issuance of
bonds shall be accepted by the board in their order of receipt.
(h) An application for a reservation for the current
program year may not be submitted and a reservation may not be granted
after November 15 of the program year.
(i) An issuer may refuse to accept a reservation if
the amount of state ceiling available is less than the amount for
which the issuer applied or for any amount if the reservation is granted
after September 23 of the program year.
(j) The amount of the state's ceiling that has not
been reserved prior to November 16 of the program year and any amount
previously reserved that becomes available on or after that date because
of the cancellation of a reservation or any other reason, may be designated,
by the board, as traditional carryforward for the carryforward purposes
outlined in the Code through submission of the application for carryforward
and any other required documentation. If the 150-day, 180-day, or
210-day period, as applicable, expires on or after December 24th of
a program year in which a reservation was issued, an issuer is required
to close on its bonds before December 24th. However, if an issuer's
applicable period expires after December 31st, the issuer must notify
the board in writing before December 24th of their intent to request
non-traditional carryforward designation of the reservation and with
their expected bond closing date. The granting by the board of a non-traditional
carryforward designation through this described process, will allow
an issuer the remaining balance of their 150-day, 180-day, or 210-day
period, as applicable, to close on their bond by the expected closing
date. If any issuer makes this election and does not close the bonds
on or before the expected closing date, the amount of non-traditional
carryforward designation will be administered by the board in compliance
with the requirements of the Code.
(k) An issuer may submit an application for carryforward
to the board at any time during the year before December 24th.
(l) Issuers will be eligible for carryforward according
to the priority classifications listed in the Act, specifically Government
Code §1372.062.
(m) With respect to the amount of the state ceiling
set aside under Government Code §1372.0231(a)(1) and (3), applications
are subject to review and approval by board staff prior to receiving
a certificate of allocation.
(n) With respect to the time period and amount of the
state ceiling set aside under Government Code §1372.0231(a)(1),
should the Texas Department of Housing and Community Affairs (TDHCA)
opt to participate in the lottery, TDHCA shall submit residential
rental project applications to the board during the application period
outlined in Government Code §1372.028. The board shall include
a number of lottery balls in the lottery on behalf of TDHCA equal
to the number of applications TDHCA submits that are eligible for
participation in the lottery. Prior to the date of the lottery, TDHCA
will rank its eligible applications according to the provisions established
by TDHCA and shall provide this ranking to the board. After the lottery,
the board will assign the lottery numbers drawn on behalf of TDHCA
to TDHCA's eligible applications based upon the rank provided by TDHCA,
with the lowest lottery number being assigned to the highest-ranking
application. TDHCA applications submitted post-lottery are ineligible
for lottery numbers and may not receive a reservation ahead of any
other TDHCA eligible application with a lottery number.
(o) Until August 1 of the program year, within the
category described by Government Code §1372.022(a)(5), priority
shall be granted to the Texas Economic Development Bank for projects
that the Texas Economic Development and Tourism Office determines
meet the governor's criteria for funding from the Texas Enterprise
Fund, pursuant to the requirements of Government Code §1372.031(b).
(p) On the last business day of a program year the
Board may assign as carryforward unencumbered state ceiling to a state
agency or to an issuer that was created to act on behalf of the state
at their request and in the order received without a formal application
process. Unencumbered means any state ceiling that is not reserved
or designated as carryforward and for which no application for carryforward
is pending.
|
| Source Note: The provisions of this §190.2 adopted to be effective January 3, 1992, 16 TexReg 7646; amended to be effective January 11, 1993, 18 TexReg 65; amended to be effective December 21, 1995, 20 TexReg 10389; amended to be effective October 8, 1997, 22 TexReg 9895; amended to be effective October 6, 1999, 24 TexReg 8566; amended to be effective February 27, 2002, 27 TexReg 1338; amended to be effective September 26, 2002, 27 TexReg 8957; amended to be effective September 18, 2003, 28 TexReg 8136; amended to be effective April 10, 2008, 33 TexReg 2831; amended to be effective October 8, 2009, 34 TexReg 6860; amended to be effectiveDecember 2, 2019, 44 TexReg 7403; amended to be effective October 13, 2021, 46 TexReg 6948; amended to be effective August 22, 2022, 47 TexReg 5000; amended to be effective October 11, 2023, 48 TexReg 5825 |
