These words when used in this Chapter shall have the following
meanings, unless the context clearly indicates otherwise. Additional
definitions may be found in Tex. Gov't Code Chapter 2306 or Chapter
20 of this Title relating to Single Family Programs Umbrella Rule.
(1) Area Median Family Income--The income limits published
annually by the U.S. Department of Housing and Urban Development (HUD)
for the Housing Choice Voucher Program that is used by the Department
to determine the eligibility of Applicants for the HOME Program, also
referred to as AMFI.
(2) CFR--Code of Federal Regulations.
(3) Commitment of Funds--Occurs when the funds are
awarded to an Administrator for a specific Activity approved by the
Department and set up in the Integrated Disbursement and Information
System (IDIS) established by HUD.
(4) Construction Completion Date--The Construction
Completion Date shall be the date of completion of all improvements
as stated on the affidavit of completion, provided that the affidavit
is filed within ten days of the stated date of completion or the date
of filing as outlined in Tex. Prop. Code §53.106.
(5) Date of Assistance--The date that assistance is
provided to the Household. For Tenant-Based Rental Assistance, this
is the start date of the rental subsidy. For Homeowner Reconstruction
Assistance and Contract for Deed, this is the date of the loan closing
or date of execution of grant agreement. For Single Family Development
and Homebuyer Assistance with New Construction, this is the date that
the Household executes the purchase agreement.
(6) Development Site--The area, or if scattered site,
areas on which the development is proposed to be located.
(7) Direct Activity Costs--The total costs of hard
construction costs, demolition costs, aerobic septic systems, refinancing
costs (as applicable), acquisition and closing costs for acquisition
of real property, and rental and utility subsidy and deposits.
(8) HOME Final Rule--The regulations with amendments
promulgated at 24 CFR, Part 92 as published by HUD for the HOME Investment
Partnerships Program at 42 U.S.C. §§12701 - 12839.
(9) Homeownership--Ownership in fee simple title in
a one to four unit dwelling or in a condominium unit, or equivalent
form of ownership approved by the Department. Homeownership is not
right to possession under a contract for deed, installment contract,
or land contract that has not converted into a deed for title ownership.
(10) Identity of Interest--An acquisition will be considered
to be an Identity of Interest transaction when the purchaser has any
financial interest whatsoever in the seller or lender or is subject
to common control, or any family relationship by virtue of blood,
marriage, or adoption exists between the purchaser and the seller
or lender.
(11) Match--Funds contributed to an Activity that meet
the requirements of 24 CFR §§92.218 - 92.220. Match contributed
to an Activity does not include mortgage revenue bonds, non HOME-assisted
projects, and cannot include any other sources of Department funding
unless otherwise approved in writing by the Department.
(12) New Construction--Construction of a new Single
Family Housing Unit which involves:
(A) Construction on a lot that was not the site of
a Single Family Housing Unit on the date HOME assistance was requested;
(B) Construction of a new Single Family Housing Unit
following acquisition; or
(C) Construction of a site-built Single Family Housing
Unit that replaces a manufactured housing unit.
(13) Person--Any individual, partnership, corporation,
association, unit of government, community action agency, or public
or private organization of any character.
(14) Persons with Special Needs--Individuals or categories
of individuals determined by the Department to have unmet housing
needs as provided in the Consolidated Plan and the State's One Year
Action Plan.
(15) Predevelopment Costs--Costs consistent with 24
CFR §92.212 related to a specific eligible Activity including:
(A) Predevelopment housing project costs that the Department
determines to be customary and reasonable, including but not limited
to consulting fees, costs of preliminary financial applications, legal
fees, architectural fees, engineering fees, engagement of a development
team, and site control;
(B) Pre-construction housing project costs that the
Department determines to be customary and reasonable, including but
not limited to, the costs of obtaining firm construction loan commitments,
architectural plans and specifications, zoning approvals, engineering
studies and legal fees; and
(C) Predevelopment costs do not include general operational
or administrative costs.
(16) Principal--A Person, or Persons, that will exercise
Control over a partnership, corporation, limited liability company,
trust, or any other private entity. In the case of:
(A) Partnerships: Principals include all General Partners,
special limited partners, and Principals with ownership interest;
(B) Corporations: Principals include any officer authorized
by the board of directors to act on behalf of the corporation, including
the president, vice president, secretary, treasurer, and all other
executive officers, and each stock holder having a ten percent or
more interest in the corporation; and
(C) Limited liability companies: Principals include
all managing members, members having a ten percent or more interest
in the limited liability company or any officer authorized to act
on behalf of the limited liability company.
(17) Reconstruction--Has the same meaning as the defined
term in 24 CFR §92.2.
(18) Reservation System Participant (RSP)--Administrator
who has executed a written Agreement with the Department that allows
for participation in the Reservation System.
(19) Service Area--The city(ies), county(ies) and/or
place(s) identified in the Application and/or Agreement that the Administrator
will serve.
(20) Third Party--A Person who is not:
(A) An Applicant, Administrator, Borrower, General
Partner, Developer, Development Owner, or General Contractor; or
(B) An Affiliate, Affiliated Party to the Applicant,
Administrator, Borrower, General Partner, Developer, Development Owner,
or General Contractor; or
(C) A Person receiving any portion of the administration,
contractor fee, or developer fee.
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