(a) At the time of program designation as a low income
household or Qualified Population for HOME-ARP, typically at initial
occupancy, Owners must create and maintain a file that at a minimum
contains:
(1) A Department approved Income Certification form
signed by all adults. At the time of program designation as a low
income household or Qualified Population, Owners must certify and
document household income. In general, all low-income households and
Qualified Populations for HOME-ARP must be certified prior to move
in. The Department requires the use of the TDHCA Income Certification
form, unless the Development also participates in the USDA - Rural
Development or a Project Based HUD Program, in which case, the other
program's Income Certification form will be accepted;
(2) Documentation to support the Income Certification
form including, but not limited to, applications, first hand or third
party verification of income and assets, and documentation of student
status (if applicable). Beginning January 1, 2021, the application
must provide a space for applicants to indicate if they are a veteran.
In addition, the application must include the following statement:
"Important Information for Former Military Services Members. Women
and men who served in any branch of the United States Armed Forces,
including Army, Navy, Marines, Coast Guard, Air Force, Reserves or
National Guard, may be eligible for additional benefits and services.
For more information please visit the Texas Veterans Portal at https://veterans.portal.texas.gov/;
(3) The Department permits Owners to use check stubs
or other firsthand documentation of income and assets provided by
the applicant or household in lieu of third party verification forms.
It is not necessary to first attempt to obtain a third party verification
form. Owners should scrutinize these documents to identify and address
any obvious attempts at forgery, alteration, or generation of falsified
documents; and
(4) A lease with all necessary addendums to ensure
that compliance with applicable federal regulations and §10.613
of this subchapter (relating to Lease Requirements).
(b) Annually thereafter on the anniversary date of
the household's move in or initial designation:
(1) Throughout the Affordability Period, all Owners
of Housing Tax Credit, TCAP, and Exchange Developments must collect
and maintain current data on each household that includes the number
of household members, age, ethnicity, race, disability status, student
status, and rental assistance (if any). This information can be collected
on the Department's Annual Eligibility Certification form, the Income
Certification form, HUD Income Certification form, USDA-Rural Development
Income Certification form (as applicable).
(2) During the Compliance Period for all Housing Tax
Credit, TCAP, and Exchange Developments and throughout the Affordability
Period for all Bond Developments and HOME, HOME Match, TCAP RF, and
HOME-ARP Developments, Owners must collect and maintain current student
status data for each low-income household. This information must be
collected within 120 days before the anniversary of the effective
date of the original Income Certification and can be collected on
the Department's Annual Eligibility Certification or the Department's
Certification of Student Eligibility form or the Department's Income
Certification form. Throughout the Compliance Period for HTC, TCAP,
and Exchange developments, low-income households comprised entirely
of full-time students must qualify for a HTC program exception, and
supporting documentation must be maintained in the household's file.
For Bond Developments, if the household is not an eligible student
household, it may be possible to re-designate the full-time student
household to an Eligible Tenant (ET). For HOME, HOME Match, TCAP RF,
and HOME-ARP Developments, an individual does not qualify as a low
income or very low income family if the individual is a student who
is not eligible to receive Section 8 assistance under 24 CFR §5.612.
(3) The types of Developments described in subparagraphs
(A) - (D) of this paragraph are required to recertify annually the
income of each low-income household using a Department approved Income
Certification form and documentation to support the Income Certification
(see subsection (a)(1) - (2) of this section):
(A) Mixed income Housing Tax Credit, TCAP and Exchange
projects (as defined by line 8(b) of IRS Form(s) 8609 and accompanying
statements, if any) that have not completed the 15 year Compliance
Period.
(B) All Bond Developments with less than 100% of the
Units set aside for households with an income less than 50% or 60%
of area median income.
(C) THTF Developments with Market Rate Units. However,
THTF Developments with other Department administered programs will
comply with the requirements of the other program.
(D) HOME, TCAP RF, NHTF, and HOME-ARP Developments.
Refer to subsection (c) of this section.
(c) Ongoing tenant file requirements for HOME, TCAP
RF, NHTF, and HOME-ARP Developments:
(1) HOME, TCAP RF, NHTF, and HOME-ARP Developments
must complete a recertification with verifications of each assisted
Unit every sixth year of the Development's Affordability Period. The
recertification is due on the anniversary of the household's move-in
date. For purposes of this section the beginning of a HOME, TCAP RF,
NHTF, HOME-ARP Development Affordability Period is the effective date
in the HOME, TCAP RF, NHTF, and HOME-ARP LURA. For example, a HOME
Development with a LURA effective date of May 2011, will have the
years of the affordability determined in Example (1):
(A) Year 1: May 15, 2011 - May 14, 2012;
(B) Year 2: May 15, 2012 - May 14, 2013;
(C) Year 3: May 15, 2013 - May 14, 2014;
(D) Year 4: May 15, 2014 - May 14, 2015;
(E) Year 5: May 15, 2015 - May 14, 2016;
(F) Year 6: May 15, 2016 - May 14, 2017;
(G) Year 7: May 15, 2017 - May 14, 2018;
(H) Year 8: May 15, 2018 - May 14, 2019;
(I) Year 9: May 15, 2019 - May 14, 2020;
(J) Year 10: May 15, 2020 - May 14, 2021;
(K) Year 11: May 15, 2021 - May 14, 2022; and
(L) Year 12: May 15, 2022 - May 14, 2023.
(2) In the scenario described in paragraph (1) of this
subsection, all households in HOME, TCAP RF, NHTF, and HOME-ARP Units
must be recertified with source documentation during the sixth and
twelfth years or between May 15, 2016, to May 14, 2017, and between
May 15, 2022, and May 14, 2023.
(3) In the intervening years the Development must collect
a self-certification within 120 days before the anniversary of the
effective date of the original Income Certification from each household
that is assisted with HOME, TCAP RF, NHTF, and HOME-ARP funds. The
Development must use the Department's Income Certification form, unless
the property also participates in the Rural Development or a project
Based HUD program, in which case, the other program's Income Certification
form will be accepted. If the household reports on their self-certification
that their annual income exceeds the current 80% applicable income
limit or there is evidence that the household's written statement
failed to completely and accurately provide information about the
household's characteristics and/or income, then an annual income recertification
with verifications is required.
(d) Tenant File requirements for HOME-ARP Qualified
Populations Units. Files for households assisted under the HOME-ARP
program as Qualified Population must document evidence that the households
meet the definition of:
(1) Homeless as defined in 24 CFR §91.5;
(2) At-risk of homelessness as defined in 24 CFR §91.5;
(3) Fleeing, or Attempting to Flee, Domestic Violence,
Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as
defined in CPD Notice 21-10;
(4) Other Families Requiring Services or Housing Assistance
to Prevent Homelessness, which are households who have previously
been qualified as homeless, are currently housed due to temporary,
or emergency assistance, including financial assistance, services,
temporary rental assistance or some type of other assistance to allow
the household to be housed, and who need additional housing assistance
or supportive services to avoid a return to homelessness;
(5) At Greatest Risk of Housing Instability as cost
burdened, which are households who have an annual income that is less
than or equal to 30% of the area median income, as determined by HUD
and is experiencing severe cost burden (i.e. is paying more than 50%
of monthly household income toward housing costs.); or
Cont'd... |