| under this item,
Low-Income Units shall not be reduced after an award of tax credits.
The Department shall publish relevant averages pertaining to this
scoring item in the Site Demographics and Characteristics Report,
and those figures shall be authoritative. These points are not available
in the USDA or At-Risk Set-Asides, and Applications that were awarded
in those Set-Asides will not be included in when calculating averages
for this item.
(A) The Development is Urban and the Application proposes
a number of Low-Income Units that is greater than the subregion average
of the two prior competitive rounds.
(i) The proposed number of Low-Income Units is 10%
greater than the subregion average of the two prior competitive rounds
(1 point);
(ii) The proposed number of Low-Income Units is 20%
greater than the subregion average of the two prior competitive rounds.
(2 points);
(iii) The Application is proposing Rehabilitation of
a Development that has no existing rent and income restrictions and
does not receive any subsidy listed under §11.5(3)(B)(i). The
proposed number of Low-Income Units is 50% greater than the subregion
average of the two prior competitive rounds (3 points).
(B) The Development is rural and the Application proposes
a number of Low-Income Units that is larger than the average of all
rural awards in the two prior competitive rounds.
(i) The proposed number of Low-Income Units is 10%
greater than the average of all Rural awards in the two prior competitive
rounds (1 point);
(ii) The Development size is 80 units and entirely
Low-Income or the proposed number of Low-Income Units is 20% greater
than the average of all rural New Construction awards in the two prior
competitive rounds (2 points).
(c) Criteria to serve and support Texans most in need.
(1) Income Levels of Residents. (§§2306.111(g)(3)(B)
and (E); 2306.6710(b)(1)(C) and (e); and §42 (m)(1)(B)(ii)(I))
An Application may qualify for up to sixteen (16) points for rent
and income restricting a Development for the entire Affordability
Period at the levels identified in subparagraph (A), (B), (C), or
(D) of this paragraph.
(A) For any Development located within a non-Rural
Area of the Dallas, Fort Worth, Houston, San Antonio, or Austin MSAs
that propose to use either the 20-50 or 40-60 election under §42(g)(1)(A)
or §42(g)(1)(B) of the Code, respectively:
(i) At least 60% of all Low-Income Units at 50% or
less of AMGI in a Supportive Housing Development proposed by a Qualified
Nonprofit (16 points);
(ii) At least 40 % of all Low-Income Units at 50% or
less of AMGI (15 points);
(iii) At least 30% of all Low-Income Units at 50% or
less of AMGI (13 points); or
(iv) At least 20% of all Low-Income Units at 50 %or
less of AMGI (11 points).
(B) For Developments proposed to be located in areas
other than those listed in subparagraph (A) of this paragraph and
that propose to use either the 20-50 or 40-60 election under §42(g)(1)(A)
or §42(g)(1)(B) of the Code, respectively:
(i) At least 60% of all Low-Income Units at 50% or
less of AMGI in a Supportive Housing Development proposed by a Qualified
Nonprofit (16 points);
(ii) At least 20% of all Low-Income Units at 50% or
less of AMGI (15 points);
(iii) At least 15% of all Low-Income Units at 50% or
less of AMGI (13 points); or
(iv) At least 10% of all Low-Income Units at 50% or
less of AMGI (11 points).
(C) For any Development located within a non-Rural
Area of the Dallas, Fort Worth, Houston, San Antonio, or Austin MSAs
that propose to use the Average Income election under §42(g)(1)(C)
of the Code:
(i) The Average Income and Rent restriction for all
Low-Income Units for the proposed Development will be 54% or lower
(15 points);
(ii) The Average Income and Rent restriction for all
Low-Income Units for the proposed Development will be 55% or lower
(13 points); or
(iii) The average income and Rent restriction for all
Low-Income Units for the proposed Development will be 56% or lower
(11 points).
(D) For Developments proposed to be located in the
areas other than those listed in subparagraph (C) of this paragraph
and that propose to use the Average Income election under §42(g)(1)(C)
of the Code:
(i) The Average Income and Rent restriction for all
Low-Income Units for the proposed Development will be 55% or lower
(15 points);
(ii) The Average Income and Rent restriction for all
Low-Income Units for the proposed Development will be 56% or lower
(13 points); or
(iii) The Average Income and Rent restriction for all
Low-Income Units for the proposed Development will be 57% or lower
(11 points).
(2) Rent Levels of Tenants. (§2306.6710(b)(1)(E))
An Application may qualify to receive up to thirteen (13) points for
rent and income restricting a Development for the entire Affordability
Period. If selecting points from paragraph (1)(A) or paragraph (1)(B)
of this subsection, these levels are in addition to those committed
under paragraph (1) of this subsection. If selecting points from paragraph
(1)(C) or paragraph (1)(D) of this subsection, these levels are included
in the income average calculation under paragraph (1) of this subsection.
These units must be maintained at this rent level throughout the Affordability
Period regardless of the Average Income calculation. Scoring options
include:
(A) At least 20% of all Low-Income Units at 30% or
less of AMGI for Supportive Housing Developments proposed by a Qualified
Nonprofit (13 points);
(B) At least 10% of all Low-Income Units at 30% or
less of AMGI or, for a Development located in a Rural Area, 7.5% of
all Low-Income Units at 30% or less of AMGI (11 points); or
(C) At least 5% of all Low-Income Units at 30% or less
of AMGI (7 points).
(3) Resident Supportive Services. (§2306.6710(b)(3)
and (1)(G), and §2306.6725(a)(1)) A Development may qualify to
receive up to eleven (11) points.
(A) The Applicant certifies that the Development will
provide a combination of resident supportive services, which are listed
in §11.101(b)(7) of this chapter (relating to Development Requirements
and Restrictions) and meet the requirements of that section. (10 points).
(B) The Applicant certifies that the Development will
contact local nonprofit and governmental providers of services that
would support the health and well-being of the Department's residents,
and will make Development community space available to them on a regularly-scheduled
basis to provide outreach services and education to the tenants. Applicants
may contact service providers on the Department list, or contact other
providers that serve the general area in which the Development is
located. (1 point).
(4) Residents with Special Housing Needs. (§2306.6710(b)(4); §42(m)(1)(C)(v))
An Application may qualify to receive up to four (4) points by serving
Residents with Special Housing Needs by selecting points under any
combination of subparagraphs (A), (B), and (C), of this paragraph.
The Units identified for this scoring item may not be the same Units
identified previously for the Section 811 PRA Program.
(A) The Development must commit at least 5% of the
total Units to Persons with Special Housing Needs. For purposes of
this subparagraph, Persons with Special Housing Needs is defined as
a household where one or more individuals have alcohol or drug addictions,
is a Colonia resident, a Person with a Disability, has Violence Against
Women Act Protections (domestic violence, dating violence, sexual
assault, and stalking), HIV/AIDS, homeless, veterans, and farmworkers.
Throughout the Compliance Period, unless otherwise permitted by the
Department, the Development Owner agrees to specifically market Units
to Persons with Special Housing Needs. In addition, the Department
will require an initial minimum twelve-month period during which Units
must either be occupied by Persons with Special Housing Needs or held
vacant, unless the Units receive HOME funds from any source. After
the initial twelve-month period, the Development Owner will no longer
be required to hold Units vacant for Persons with Special Housing
Needs, but will be required to continue to specifically market Units
to Persons with Special Housing Needs. (2 points)
(B) If the Development has committed units under subparagraph
(A) of this paragraph, the Development must commit at least an additional
2% of the total Units to Persons referred from the Continuum of Care
or local homeless service providers to be made available for those
experiencing homelessness. Rejection of an applicant's tenancy for
those referred may not be for reasons of credit history or prior rental
payment history. Throughout the Compliance Period, unless otherwise
permitted by the Department, the Development Owner agrees to specifically
market the 2% of Units through the Continuum of Care and other homelessness
providers local to the Development Cont'd... |
