2009 Competitive 9% Htc Application Supplement
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2009 COMPETITIVE 9% HTC APPLICATION SUPPLEMENT Texas Department of Housing and Community Affairs (the “Department”) Mailing Address: P.O. Box 13941, Austin, TX 78711-3941 Physical Address: 221 East 11th Street, Austin, TX 78701
TABLE OF CONTENTS
Volume 4, Tab 1 ……………………………………………………………………………………………... 2 Volume 4, Tab 3 ……………………………………………………………………………………………... 4 Volume 4, Tab 4 .………………………………………………………………………... 5 Volume 4, Tab 5 ……………………………………………………………………………………………... 6 Volume 4, Tab 6 ……………………………………………………………………………………………... 8 Volume 4, Tab 7……………………………………………………………………………………………... 9 Volume 4, Tab 8 ……………………………………………………………………………………………... 10 Volume 4, Tab 9 ……………………………………………………………………………………………... 11 Volume 4, Tab 10 ……………………………………………………………………………………………. 12 Volume 4, Tab 11 ……………………………………………………………………….. 13 Volume 4, Tab 12 ……………………………………………………………………………………………. 14 Volume 4, Tab 13 ……………………………………………………………………………………………. 15 Volume 4, Tab 14 ……………………………………………………………………….. 16 Volume 4, Tab 15 ……………………………………………………………………………………………. 17 Volume 4, Tab 16 ……………………………………………………………………………………………. 18 Volume 4, Tab 18 ……………………………………………………………………………………………. 19 Volume 4, Tab 19 ……………………………………………………………………………………………. 20 Volume 4, Tab 20 ……………………………………………………………………………………………. 21 Volume 4, Tab 21 ……………………………………………………………………………………………. 23 Volume 4, Tab 22 ……………………………………………………………………………………………. 24 Volume 4, Tab 23 ……………………………………………………………………………………………. 27 Volume 4, Tab 24 ……………………………………………………………………………………………. 29 Volume 4, Tab 25 ……………………………………………………………………………………………. 31
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 1 of 33 Volume 4, Tab 1 APPLICANT SELF SCORE
Instructions: Complete the following form and indicate all points requested for this Application. All evidence as required by §49.9(i) of the 2009 QAP must be submitted as outlined in the Application Submission Procedures Manual.
Note: Points other than points under §§49.9(i)(2), (i)(6), and (i)(18) will only be awarded if requested. If points are not requested, but documentation is provided to substantiate points for a particular scoring item, points will not be awarded.
ASPM Points §49.9(i) Point Category Tab# Requested (1) 2 Financial Feasibility of the Development (28 points) (2) No Tab Quantifiable Community Participation (Points Not Requested in Self Score) N/A (3) 3 The Income Levels of Tenants of the Development (22 Point Maximum) (4)(A) 4 The Size of the Units (Development Characteristics) (6 Points Maximum)
(4)(B) 4 The Quality of the Units (Development Characteristics) (14 Points Maximum) The Commitment of Development Funding by Local Political Subdivisions (18 Points (5) 5 Maximum) The Level of Community Support from State Elected Officials (Points Not Requested (6) N/A No Tab in Self Score) (7) 6 The Rent Levels of the Units (12 Points Maximum) The Cost of the Development by Square Foot (Development Characteristics) (10 (8) 7 Points) ( The Services to be Provided to Tenants of the Development (8 Points Maximum for 8 (9) Part A and B Combined)
(10) 9 Declared Disaster Areas (7 Points)
(11) 10 Rehabilitation (which includes reconstruction) or Adaptive Reuse (6 Points)
(12) 11 Housing Needs Characteristics (6 Points Maximum) Community Revitalization (Development Characteristics) (§42(m)(1)(C)(iii)) or (13) 12 Historic Preservation (6 Points Maximum for Part A and B combined) (14) 13 Pre-Application Participation Incentive Points (6 Points) (15) 14 Economic Development Initiatives (4 Points Maximum for Part A or Part B) (16) 15 Development Location (4 Points Maximum for Parts A – F) (17) 16 Green Building Initiatives (6 Points Maximum) Demonstration of Community Input other than Quantifiable Community Participation (18) N/A 17 (Points Not Requested in Self Score) Developments in Census Tracts with No Other Existing Developments Supported by (19) 18 Tax Credits (6 Points) (20) 19 Tenant Populations with Special Housing Needs (4 Points) (21) 20 Length of Affordability Period (4 Points Maximum) (22)(A) 21 Site Characteristics (4 Points)
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 2 of 33 (22)(B) 21 Negative Site Features (Maximum of -6 Points)
(23) No Tab Development Size (3 Points)
(24) 22 Qualified Census Tracts with Revitalization (1 Point)
(25) 23 Sponsor Characteristics (2 Points) (26) 24 Projects Intended for Eventual Tenant Ownership – Right of First Refusal (1 Point)
(27) 25 Leveraging of Private, State, and Federal Resources (1 Point)
(28) 26 Third-Party Funding Commitment Outside of Qualified Census Tracts (1 Point) Scoring Criteria Imposing Penalties (-6 Points for Part A and -3 Points for each (29) 27 removal under Part B)
(NOTE: with the exception of TRDO-USDA Applications, must score a minimum of 118 points to be eligible for an allocation of Housing Tax Credits. Points added or deducted pursuant to §§49.9(i)(2), (i)(6), and (i)(18) are not included in this calculation.)
The undersigned hereby makes Application to TDHCA for financial assistance. The Applicant has read and understands the Application instructions, has read and understands §49.9(c), Adherence to Obligations, of the 2009 Qualified Allocation Plan and Rules, and certifies that all information herein is true and correct to the best of their knowledge and belief. By signing this document, Applicant is affirming that all statements and representations made in this document are true and correct under penalty of Chapter 37 of the Texas Penal Code titled Perjury and Other Falsification and subject to criminal penalties as defined by the State of Texas. TEX. PENAL CODE ANN. §§37.01 et seq. (VERNON 2003 & SUPP. 2007).
I acknowledge that this form may not be re-submitted to the Department without a specific request for a revised form from the Department. I also acknowledge that pursuant to the 2009 QAP, any documentation submitted to the Department after Application submission in response to a Deficiency Notice could affect eligibility for points, to the extent that the review of Administrative Deficiency documentation alters the score assigned to the Application.
This document must be signed by a representative with authority to execute documents on the Applicant’s behalf.
Signature of Applicant/Owner
Title
Date
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 3 of 33 Volume 4, Tab 3 Income Levels of Tenants (§49.9(i)(3))
Applications may qualify to receive up to 22 points for qualifying under this exhibit. Select the appropriate box for points applied for:
To qualify for these points, the household incomes must not be higher than permitted by the AMGI level. The Development Owner, upon making selections for this exhibit, will set aside Units at the levels of AMGI and will maintain the percentage of such Units continuously over the compliance and extended use period as specified in the LURA. These income levels require corresponding rent levels that do not exceed 30% of the income limitation. Do NOT count employee Units in Low Income Units. Do not round.
If the Development includes Units that are not Low Income Units (i.e. market rate units), at least 10% of all the Units that are not Low Income Units must be set aside with incomes at or below 80% of AMGI in order for the Application to qualify for these points.
22 points if at least 80% of the Low Income Units in the Development are set-aside with incomes at or below 50% of AMGI; or
22 points if at least 40% of the Low Income Units in the Development are set-aside with incomes at or below a combination of 50% and 30% of AMGI in which at least 5% of the Low Income Units are at or below 30% of AMGI; or
20 points if at least 60% of the Low Income Units in the Development are set-aside with incomes at or below 50% of AMGI; or
18 points if at least 10% of the Low Income Units in the Development are set-aside with incomes at or below 30% of AMGI; or
16 points if at least 40% of the Low Income Units in the Development are set-aside with incomes at or below 50% of AMGI; or
14 points if at least 35% of the Low Income Units in the Development are set-aside with incomes at or below 50% of AMGI.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 4 of 33 Volume 4, Tab 4 Size and Quality of the Units (§49.9(i)(4))
Applications may qualify to receive up to 20 points for Part A and B combined under this exhibit. Select the appropriate box for points applied for:
Part A: Size of the Units (6 Points): Select this box if the Development meets the following criteria: Six points for this item will be automatically granted for Applications involving Rehabilitation (excluding reconstruction), Developments receiving funding from TRDO-USDA, and Developments proposing Single Room Occupancy without meeting these square footage minimums if requested in the Self Scoring Form. For all other Developments, the square footage of all of the Units in the Development, for each type of Unit, is at least the minimum noted below.
600 square feet for an efficiency Unit; 700 square feet for a non-elderly one bedroom Unit; 600 square feet for an elderly one bedroom Unit; 950 square feet for a non-elderly two bedroom Unit; 750 square feet for an elderly two bedroom Unit; 1,050 square feet for a three bedroom Unit; and 1,250 square feet for a four bedroom Unit
Part B: Quality of the Units (14 Point Maximum). Applications in which Developments complete this form and certify under Volume 3, Tab 1, Part D. Unit Amenities, that they will provide specific amenity and quality features in every Unit at no extra charge to the tenant will be awarded points, not to exceed 14 points in total. Applications involving scattered site Developments must have all of the Units located with a specific amenity to count for points. Applications involving Rehabilitation (excluding reconstruction) or Single Room Occupancy may multiply the points by 1.5 for each item, not to exceed 14 points in total (do not round).
Applicants must include a copy of the form, Volume 3, Tab 1, Part D. Unit Amenities, behind this tab.
This Application is for a:
Scattered site Development and all Units have each amenity selected on Volume 3, Tab 1, Part D. Unit Amenities.
Rehabilitation (excluding reconstruction) or Single Room Occupancy
Development other than those described above.
Points requested for Unit Amenities under Volume 3, Tab 1, Part D. Unit Amenities:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 5 of 33 Volume 4, Tab 5 (§49.9(i)(5)) Commitment of Development Funding from Local Political Subdivisions
Applications may qualify to receive up to 18 points for qualifying under this exhibit. An Applicant may submit enough sources to substantiate the point request. For example, if an Applicant is requesting 18 points, five sources may be submitted if each is for an amount equal to 1% of the Total Housing Development Cost.
Complete 1 form for each source. Use additional pages if necessary.
All funding, including in-kind contributions (except Development Based Rental Subsidies), must be reflected in the Volume 1, Tab 4, Part A. Summary of Sources and Uses of Funds form, the Volume 1, Tab 4, Part B. Financing Participants form, and Volume 1, Tab 4, Financing Narrative
1. Name of Local Political Subdivision/Governmental Instrumentality:
2. Funding Source. Refer to ASPM and QAP for specific requirements of each funding source. Check one box.
Loan: Loans must have a minimum term of the later of one year and Placed in Service Date, and the interest rate must be at or below the Applicable Federal Rate (AFR) at the time of loan closing
Total Amount attributed to the Total Housing Development Costs: $
Grant
Total Amount attributed to the Total Housing Development Costs: $
TDHCA HOME Funds A resolution, dated on or before February 27, 2009, is submitted with the Application from the Local Political Subdivision authorizing the Applicant to act on behalf of the Local Political Subdivision in applying for HOME Funds from TDHCA for the particular Application
Total Amount attributed to the Total Housing Development Costs: $
In-kind Contribution In-kind contributions must provide a tangible economic benefit that results in a quantifiable reduction in the Total Housing Development Cost; evidence from the Local Political Subdivision that substantiates the value must be provided; the value of the in-kind contribution may only include the time period between award, or August 1, 2009, and the Development’s Placed in Service date, with the exception of land contributions; and the in-kind contribution may only include the value during the period or waiver is received and/or assessed. Tax exemptions or abatements must be in addition to those required under statute. For land contributions, the entire value of the land may be included; an appraisal must be provided to substantiate the value of the land; evidence of the value of the contribution from the Local Political Subdivision must reference the appraisal; and the land must be under the control of the Applicant.
Total Amount attributed to the Total Housing Development Costs (For all contributions except for land, include value of contribution from August 1, 2009 through Placed in Service date): $
Type of In-kind Contribution:
Development Based Rental Subsidy
Total Amount of Remaining Subsidy (from Aug. 1, 2009 through expiration of contract): $
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 6 of 33 3. Evidence of Funding. One of the following must be submitted.
Copy of commitment of funds. The commitment must include a statement that any funds committed were not first provided to the Local Political Subdivision by the Applicant, the Developer, Consultant, Related Party or any individual or entity acting on behalf of the proposed Application unless the Applicant itself is a Local Political Subdivision or subsidiary.
Copy of the application to the funding entity and a letter from the funding entity indicating that the application was received. The Application should include the amount and terms of the proposed funding. For in-kind contributions and development based rental subsidies, a letter from the LPS substantiating the value of the contribution must be provided.
Certification of an intent to apply for funding that indicates the funding entity and program to which the application will be submitted, the loan amount to be applied for and the specific proposed terms. For in-kind contributions and development based rental subsidies, a letter from the LPS substantiating the value of the contribution must be provided.
4. Eligible Points. Check one box. (do not round).
6 points for an Urban Development with a total contribution equal to or greater than 1% of the Total Development Cost
6 points for a Rural Development or a Development located in a Non Participating Jurisdiction with a total contribution equal to or greater than 0.5% of the Total Development Cost (only applies to Rural Developments applying for local funds)
12 points for an Urban Development with a total contribution equal to or greater than 2.5% of the Total Development Cost
12 points for a Rural Development or a Development located in a Non Participating Jurisdiction with a total contribution equal to or greater than 1.5% of the Total Development Cost (only applies to Rural Developments applying for local funds)
18 points for an Urban Development with a total contribution equal to or greater than 5% of the Total Development Cost
18 points for a Rural Development or a Development located in a Non Participating Jurisdiction with a total contribution equal to or greater than 3% of the Total Development Cost (only applies to Rural Developments applying for local funds)
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 7 of 33 Volume 4, Tab 6 (§49.9(i)(7)) Rent Levels of the Units
In order for Applications to qualify for points under this item, the Application MUST have qualified for points under subsection (i)(3) of this section (Volume 4, Tab 3 Income Levels of Tenants of the Development). Applications may qualify to receive up to 12 points for qualifying under either Part A or Part B of this exhibit by providing additional Low Income Units at or below 50% AMGI (must round up to the next whole Unit, not less than one Unit).
Select the appropriate box for points applied for:
Part Application requests 12 points for providing an additional 10% of all Low Income (LI) Units in excess of A those committed in subsection (i)(3) of this section at rents and incomes at or below 50% of AMGI;
or
Part Application requests 6 points for providing an additional 5% of all Low Income (LI) Units in excess of those B committed in subsection (i)(3) of this section at rents and incomes at or below 50% of AMGI;
Complete the calculations below. Do NOT count employee Units in LI Units:
1. Number of LI Units at or below 50% AMGI ÷ Total number LI Units = % of LI Units at or below 50% AMGI
2. Percentage of LI Units at or below 50% AMGI used to qualify for points under §49.9(i)(3) (80%, 60%, 40%, 35% or 10%) = %
3. Percentage of all LI Units in excess of those committed in subsection (i)(3) at rents and incomes at or below 50% of AMGI (Percentage from 1 minus percentage from 2) = %
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 8 of 33 Volume 4, Tab 7 (§49.9(i)(8)) Cost of the Development by Square Foot
Applicants may qualify for 10 points for qualifying under this exhibit. Select the appropriate box for points applied for:
For this exhibit, costs shall be defined as construction costs, including site work, direct hard costs, contingency, contractor profit, overhead and general requirements, as represented in the Volume 1, Tab 3, Part A. Development Cost Schedule. This calculation does not include indirect construction costs. The calculation will be costs per square foot of net rentable area (NRA), as reflected in the Volume 1, Tab 2, Part F. Building/Unit Configuration Form. For purposes of this exhibit only, if the proposed Development is an elevator building serving elderly, or a high rise building serving any population, the NRA may include elevator served interior corridors. For purposes of this exhibit only, if the proposed Development is a Single Room Occupancy Development, the NRA may include elevator served interior corridors and may include up to 50 square feet of common area per efficiency unit. As it relates to this paragraph, an interior corridor is a corridor that is enclosed, heated and/or cooled and otherwise finished space. The calculations will be based on the cost listed in the Volume 1, Tab 3, Part A. Development Cost Schedule and NRA shown in the Volume 1, Tab 2, Part F. Building/Unit Configuration Form of the Application.
Intergenerational Developments will receive 10 points if costs described above do not exceed the square footage limit for elderly and non-elderly units as determined by using the NRA attributable to the respective elderly and non-elderly units. Points will be awarded by multiplying the NRA for elderly units by the applicable square footage limit for the elderly units and adding that total to the result of the multiplication of the NRA for family units by the applicable non-elderly square footage limit. If this maximum cost is equal to, or greater than, the total costs identified above, 10 points will be awarded.
The First Tier counties are Aransas, Brazoria, Calhoun, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, San Patricio and Willacy. There are also specifically designated First Tier communities in Harris County that are east of State Highway 146, and evidence in the Application must include a map with the Development site designated clearly within the community. These communities are Pasadena, Morgan’s Point, Shoreacres, Seabrook and LaPorte.
Costs do not exceed:
$95 per square foot for Qualified Elderly, single family design, transitional, and Single Room Occupancy Developments not designated as First Tier
$97 per square foot for Qualified Elderly, single family design, transitional, and Single Room Occupancy Developments designated as First Tier
$85 per square foot for all other Developments not designated as First Tier
$87 per square foot for all other Developments designated as First Tier
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 9 of 33 Volume 4, Tab 8 (§49.9(i)(9)) Tenant Supportive Services Certification
Applicants may qualify for 8 points for qualifying under I and II of this exhibit. Select the appropriate box for points requested:
Part I. Provision of Supportive Services (7 Points Maximum)
The Applicant certifies that the Development will provide a combination of special supportive services appropriate for the proposed tenants. The provision of supportive services will be included in the LURA as selected from the list of services identified below. No fees may be charged to tenants for any of the services. Services must be provided on- site or transportation to off-site services must be provided.
A. Number of Services. Owner certifies to provide, at a minimum, the following number of services from the list in paragraph B:
Two of the services (2 points); or Four of the services (4 points); or Six of the services (7 points).
B. Service options include: Child care; transportation; basic adult education; legal assistance; counseling services; GED preparation; English as a second language classes; vocational training; home buyer education; credit counseling; financial planning assistance or courses; health screening services; health and nutritional courses; organized team sports programs; youth programs; scholastic tutoring; any other programs described under Title IV-A of the Social Security Act (42 U.S.C. §§601 et seq.) which enables children to be cared for in their homes or the homes of relatives; ends the dependence of needy families on government benefits by promoting job preparation, work and marriage; prevents and reduces the incidence of out of wedlock pregnancies; and encourages the formation and maintenance of two-parent families; or any other services approved in writing by the Department.
Part II. Notary Public Services to Tenants of the Development (1 Points)
The Applicant certifies that the Development will provide Notary Public Services to tenants at no cost to the tenant. The provision of Notary Public Services will be included in the LURA.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 10 of 33 Volume 4, Tab 9 (§49.9(i)(10)) Declared Disaster Areas
Area for which a disaster was declared, and for which points are being requested:
Check one of the following: Development Site is located within a Disaster Area listed on the Department’s “List of Eligible Disaster Areas” list located in the Reference Manual found on the Department’s website.
Development Site is located within a Disaster Area that is NOT listed on the Department’s “List of Eligible Disaster Areas” list located in the Reference Manual found on the Department’s website and both of the following are checked:
Evidence that shows that the area was declared a Disaster Area pursuant to §418.014 of Texas Government Code has been provided behind this tab; and
Evidence that shows that the declaration was made within the two-year period preceding the date the Application has been provided behind this tab.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 11 of 33 Volume 4, Tab 10 (§49.9(i)(11)) Rehabilitation, Reconstruction, or Adaptive Reuse
The Application proposes:
Solely Rehabilitation (includes reconstruction) – the improvement or modification of an Existing Residential Development (Any Development Site which contains 4 or more existing residential Units at the time the Volume I is submitted to the Department) through alteration, incidental addition or enhancement. Includes the demolition of an Exiting Residential Development and the reconstruction of a Development on the Development Site, but does not include Adaptive Reuse. Rehabilitation includes repairs necessary to correct the results of deferred maintenance, the replacement of principal fixtures and components, improvements to increase the use of energy, and the installation of security devices. Reconstruction includes the demolition of one or more residential buildings in an Existing Residential Development and the reconstruction of the Units on the Development Site. Developments proposing Adaptive Reuse or proposing to increase the total number of Units in the Existing Residential Development are not considered reconstruction.
Solely Adaptive Reuse – the renovation or rehabilitation of an existing non-residential building or structure (e.g., school, warehouse, office, hospital, etc.), including physical alterations that modify the building’s previous or original intended use. If any Units are built outside the original building, footprint, the Development will be considered New Construction.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 12 of 33 Volume 4, Tab 11 (§49.9(i)(12)) Housing Needs Characteristics
Development location for which points are being requested (incorporated place or Census Designated Place):
Points requested:
Development Site is within the boundaries of an incorporated place or Census Designated Place. Map is provided that identifies the boundaries of the incorporated place or Census Designated Place in which the Development Site is located, and identifies the location of the Development Site. The map must identify the most recent boundaries of the place. Information provided by the U.S. Census Bureau for place boundaries is available at http://factfinder.census.gov/jsp/saff/SAFFInfo.jsp?_pageId=referencemaps&_submenuId=ma.
Development Site is NOT within the boundaries of an incorporated place or Census Designated Place. Map is provided that identifies the location of the Development Site and the boundaries of the nearest incorporated place or Census Designated Place. The map indicates the distance from the Development Site to the boundaries of the nearest incorporated place or Census Designated Place. The map must identify the most recent boundaries of the place. Information provided by the U.S. Census Bureau for place boundaries is available at http://factfinder.census.gov/jsp/saff/SAFFInfo.jsp?_pageId=referencemaps&_submenuId=ma.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 13 of 33 Volume 4, Tab 12 (§49.9(i)(13)) Community Revitalization or Historic Preservation The Application proposes:
Rehabilitation (includes reconstruction) Reconstruction includes the demolition of one or more residential buildings in an Existing Residential Development and the reconstruction of the Units on the Development Site. Developments proposing Adaptive Reuse or proposing to increase the total number of Units in the Existing Residential Development are not considered reconstruction.
Applications may qualify to receive points for either section A or B.
A. Community Revitalization
Development includes use of Existing Residential Housing. Yes No
Rehabilitation (includes reconstruction) is part of a Community Revitalization Plan. Yes No
Attach a copy of the Community Revitalization Plan and provide the following information.
Name of the Community Revitalization Plan(s):
Is an ordinance, resolution or other evidence of a vote by the local Governing Body showing adoption attached? Yes No
If no, page number of the plan where adoption is references: (does not guarantee acceptance of the plan)
Page number(s) of the plan that references the targeting of specific geographic areas for revitalization and development of residential developments:
Page number(s) of the plan that references that the Rehabilitation or reconstruction is part of the plan:
*Attach a letter from the chief executive officer or other local official with appropriate jurisdiction of local Governing Body stating that the Development Site is located within the targeted development area(s) outlined in the plan.
*If the Community Revitalization Plan references any other documents or plans, the referenced documents must also be provided, and an outline describing how the individual plans combine to target a specific geographic area for revitalization and development of residential developments must be provided. or
B. Historic Preservation
The Development includes* the use of an existing building that is designated as historic by a federal or state entity and proposes Rehabilitation (including reconstruction) or Adaptive Reuse. Yes No
Proof of the historic designation from the appropriate Governmental Body is included. Yes No
Letter from the Texas Historical Commission indicating the effect of the proposed rehabilitation on historical structure is included. Yes No
*The Development itself must have the designation; points in this subparagraph are not available for Developments simply located within historic districts or areas that do not have a designation on the building. The Development must include the historic building.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 14 of 33 Volume 4, Tab 13 (§49.9(i)(14)) Pre-Application Certification
Applicants may qualify for 6 points for qualifying under this exhibit. Select the appropriate box for points applied for:
Pre-Application Certification: Applicants that submitted a Pre-Application during the Pre-Application Acceptance Period and meet the requirements below will receive 6 points if they are awarded by the Department an Application score that is not more than 5% greater or less than the number of points awarded by the Department at Pre-Application, with the exclusion of points under subsections (i)(2), (i)(6), and (i)(18) of the QAP.
I (We) affirm that this Application is eligible for the Pre-Application points as confirmed by each item below:
The site under control in the Application is for the identical Development Site, or a reduced portion of the Development Site as the proposed Development Site under control in the Pre-Application;
This Application has met the Pre-Application Threshold Criteria as determined by the Department;
The Development is serving the same target population (family, elderly or Intergenerational Housing) as in the Pre-Application;
The Development is the same Set-Asides (Set-Asides can be dropped between Pre-Application and Application, but no Set-Asides may be added).
If the Application fails to meet any of the requirements listed above, you MUST make a selection below.
I (We) now elect, with the submission of this Application, the following option as it relates to the Department’s processing of this Application (select only one):
OPTION A: The Pre-Application points for this Application was over 5% greater or lower than our total points applied for in this Application, and we want to still receive the 6 Pre-Application points. Therefore, I (We) request the 6 Pre-Application points and direct the Department to cap the Application score at no greater than the 5% increase regardless of the total points accumulated in the scoring evaluation.
OPTION B: The Pre-Application points for this Application was over 5% greater or lower than our total points applied for in this Application, and we would rather loose the 6 pre-app points and keep our current score request (which does not include a request for 6 pre-Application points). Therefore, I (We) request that the Pre-Application points be forfeited and that the Department evaluate the Application as requested in the self-scoring sheet.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 15 of 33 Volume 4, Tab 14 (§49.9(i)(15)) Economic Development Initiatives
Applicants may qualify for 4 points for qualifying under this exhibit. Select the appropriate box for points applied for:
The Development is located in one of the following areas. For the purpose of this item, “area” shall mean the boundaries of the zone or community in section (A), or the area in which the funds in section (B) must be used.
A) A designated State or Federal Empowerment/Enterprise Zone, Urban Enterprise Community, or Urban Enhanced Enterprise Community. Such Developments must submit a letter and a map from a city/county official. Letter should be no older than June 7, 2008.
The letter verifies that the city/county currently has state or federal economic development grants or loans available and that the Development is eligible to receive the state or federal economic development grants or loans.
The letter verifies that the proposed Development is located within such a designated zone or area and includes a map of the zone or area from a city/county official indicating the location of the Development within the zone or area.
B) An area that has received an award within the past three years (as of November 1, 2008) from state or federally funded economic development initiatives, for example the Texas Capital Fund, Texas or Federal Enterprise Zone, Texas Leverage Fund, Industrial Revenue Bond Program, Rural Business Enterprise Grants, or Certified Development Company Loans or Grants. Such Developments must submit a letter and a map from the funding entity. Letter should be no older than June 7, 2008.
Evidence of award provided by the funding entity, including award date, is provided behind this tab. AND A map that indicates the boundaries of the “area” where the funds must be used with the location of the Development Site indicated within the boundaries is provided behind the tab.
Applications are NOT eligible for these points if more than 3 tax credit Developments have been awarded in the “area” in the past 7 years as of December 7, 2008. The required map of the boundaries of the “area” will be used to verify eligibility.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 16 of 33 Volume 4, Tab 15 (§49.9(i)(16)) Development Location
Applicants may qualify for 4 points for qualifying under this exhibit. Select the appropriate box for points requested:
A) A geographical Area which is an Economically Distressed Area; a Colonia; or a Difficult Development Area (DDA) as specifically designated by the Secretary of HUD at the time of Application submission.
B) The Development is located in a county that has received an award as of November 1, 2008, within the past three years, from the Texas Department of Agriculture’s Rural Municipal Finance Program or Real Estate Development and Infrastructure Program. Cities that have received one of these awards are categorized as awards to the county as a whole so Developments located in a different city than the city awarded, but in the same county, will still be eligible for these points.
C) The development is located in a census tract that has a median family income (MFI), as published by the United States Bureau of the Census (U.S. Census), which is higher than the median family income for the county in which the census tract is located. This comparison shall be made using the most recent data available as of the date the Application Round opens the year preceding the applicable program year. Developments eligible for these points must submit evidence documenting the median income for both the census tract and the county. These Census Tracts are outlined in the 2009 Housing Tax Credit Site Demographic Characteristics Report.
D) The proposed Development will serve families with children (at least 70% of the Units must have an eligible bedroom mix of two bedrooms or more) and is proposed to be located in an elementary school attendance zone of an elementary school that has an academic rating of “Exemplary” or “Recognized,” or comparable rating if the rating system changes. For Intergenerational Housing Developments, 70% of non-elderly Units must have an eligible bedroom mix of two bedrooms or more. The date for consideration of the attendance zone December 7, 2008 and the academic rating is the most current rating determined by the Texas Education Agency as of that same date.
E) The proposed Development will expand affordable housing opportunities for low-income families with children outside of poverty areas. This must be demonstrated by showing that the Development will serve families with children (at least 70% of the Units must have an eligible bedroom mix of two bedrooms or more) and that the census tract in which the Development is proposed to be located has no greater than 10% poverty population according to the most recent census date. These Census Tracts are outlined in the 2008 Housing Tax Credit Site Demographic Characteristics Report.
F) The proposed Development is located in an Urban Core that is properly zoned for the intended use.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 17 of 33 Volume 4, Tab 16 (§49.9(i)(17)) Green Building Initiatives
Application may qualify to receive up to 6 points for providing green building amenities. Points for this section may not be requested for the same items utilized for points under Threshold Amenities. Developments proposing Rehabilitation will receive 1.5 times the point value for any selected amenity (do not round). Developments involving non- contiguous scattered sites must include a separate onsite amenities form for each separate site. Each separate form must have the address of the site clearly indicated.
Green Building Amenities (indicate which below) (-a-) evaporative coolers (for use in designated counties listed in the Application Materials, 2009 Housing Tax Credit Site Demographics Information) (1 point)
(-b-) passive solar heating/cooling (3 points maximum) Two points for completing both of the following: (-1-). The glazing area on the north- and south-facing walls of the building is at least 50% greater than the sum of the glazing area on the east- and west- facing walls; and (-2-). The east-west axis of the building is within 15 degrees of due east-west One point for completing all of the following: (-1-). In addition to the east-west axis of the building oriented within 15 degrees of due east-west, utilize a narrow floor plate (less than 40 feet), single loaded corridors and open floor plan to optimize daylight penetration and passive ventilation (note: to qualify for this particular point, application must also implement building orientation option b. above) ; and (-2-). 100% of HVAC condenser units are shaded so they are fully shaded 75% of the time during summer months (May through August); and (-3-). Solar screens or solar film on all East, West, and South Windows with building oriented to east-west axis within 15 degrees of due east-west, west-south axis within 15 degrees of due west-south, and south-east axis within 15 degrees of due south-east.
(-c-) water conserving features (2 points maximum, 1 point for each): Install low-flow toilets using less than or equal to 1.6 gallons per flush, or high efficiency toilets using less than or equal to 1.28 gallons per flush; and/or Install bathroom lavatory faucets and showerheads that do not exceed 2.0 gallons per minute and kitchen faucets that do not exceed 1.5 gallons per minute. This applies to all fixtures throughout the development. Rehabilitation projects may choose to install compliant faucet aerators instead of replacing entire faucets.
(-d-) solar water heaters (Solar water heaters designed to provide at least 25% of the average energy used to heat domestic water throughout the entire development.) (2 points);
(-e-) irrigation and landscaping (must implement both of the following) (2 points) (-1-). Collected water (at least 50%) for irrigation purposes; and (-2-). selection of native trees and plants that are appropriate to the site’s soils and microclimate and locate then to allow for shading in the sumer and allow for heat gain in the winter
(-f-) sub-metered utility meters (2 points maximum); Sub-metered utility meters on rehab project without existing sub-meters or new construction senior project (2 points); or Sub-metered utility meters on new construction project (excluding new construction senior project) (1 point)
(list continues)
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 18 of 33 (-g-) energy efficiency (4 points maximum); Energy Elements (must implement i-iii) (3 points) (i) Energy-Star qualified windows and glass doors; and (ii) Exterior envelope insulation, vapor barriers and air barriers greater than or equal to Energy Star air barrier and insulation criteria; and (iii) HVAC, domestic hot water heater, and insulation that exceeds Energy Star standards or exceeds the IRC 2006; or The project promotes energy efficiency by meeting the requirements of Energy Star for Homes by either complying with the appropriate builder option package or a HERS score of 85 (4 points)
(-h-) thermally and draft efficient doors (SHGC of 0.40 or lower and U-value specified by climate zone according to the 2006 IECC) (2 points);
(-i-) photovoltaic panels for electricity and design and wiring for the use of such panels (3 points maximum); Photovoltaic panels that total 10 kW (1point); or Photovoltaic panels that total 20 kW (2 points); or Photovoltaic panels that total 30 kW (3 points)
(-j-) construction waste management and implementation of EPA’s Best Management Practices for erosion and sedimentation control during construction (1 point);
(-k-) recycling service provided throughout the compliance period (1 point);
(-l-) water permeable walkways (at least 20% of walkways and parking) (1 point); or
(-m-) bamboo flooring, wool carpet, linoleum flooring, straw board, poplar OSB, or cotton batt insulation (50% of flooring on the ground floor of the development must be finished concrete and/or ceramic tile. 50% of the flooring on upper floors must be ceramic tile and/or a flooring material that is Floor Score Certified (developed by the Resilient Floor Covering Institute), applied with a Floor Score Certified adhesive and comes with a minimum 7-year wear through warranty. (2 points)
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 19 of 33 Volume 4, Tab 17 (§49.9(i)(18)) Demonstration of Community Input other than Quantifiable Community Participation (QCP)
Applicants may qualify for up to 6 points under this exhibit for letters that qualify for points under subparagraphs (A), (B), or (C). All letters must be received by February 27, 2009 for the Application to receive these points.
(A) Application requests two points (maximum of 6 points) for each letter of support submitted from a community or civic organization that serves the community in which the site is located. Included behind this tab is documentation provided by the community or civic organization of its existence in the community in which the Development is located to include, but not be limited to, listing of services and/or members, brochures, annual reports, etc. The community and civic organizations represented here are not neighborhood organizations, governmental entities (excluding Special Management Districts), taxing entities or educational activities, nor are they organizations that were created by a governmental entity or derive their source of creation from a governmental entity. Note: Letters from Special Management Districts must include a description of the district’s boundaries.
OR
(B) Application requests 6 points for a letter of support from a property owners association created for a master planned community whose boundaries include the development site that does not meet the requirements of a Neighborhood Organization for points under paragraph (2) of this subsection.
OR
(C) Application requests 6 points for a letter of support from a Special Management District, whose boundaries, as of February 27, 2009, include the Development Site and for which there is not a Neighborhood Organization on record with the county or state.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 20 of 33 Volume 4, Tab 19 (§49.9(i)(20)) Tenant Populations with Special Needs
Applicants may qualify for 4 points for qualifying under this exhibit. The Applicant must certify to the following:
At least 10% of the Units are set aside for Persons with Special Needs. “Persons with Special Needs” include all of the following:
A person who: Has a physical, mental or emotional impairment that: o Is expected to be of a long, continued and indefinite duration, o Substantially impedes his or her ability to live independently, and o Is of such a nature that the disability could be improved by more suitable housing conditions, Has a developmental disability , as defined in the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. Section 15002); or Has a disability, as defined in 24 CFR §5.403; or Has alcohol and/or drug addictions; or Is a Colonia residents; or Is a victim of domestic violence; or Has HIV/AIDS; or Is homeless; or Is a migrant farm worker.
Throughout the Compliance Period, unless otherwise permitted by the Department, the Development Owner agrees to affirmatively market Units to Persons with Special Needs. In addition, the Department will require a minimum 12 month period during which Units must either be occupied by Persons with Special Needs or held vacant. The 12 month period will begin on the date each building receives its certificate of occupancy. For buildings that do not receive a Certificate of Occupancy, the 12 month period will begin on the placed in service date as provided in the Cost Certification manual. After the 12 month period, the owner will no longer be required to hold Units vacant for households with special needs, but will be required to continue to affirmatively market Units to household with special needs.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 21 of 33 Volume 4, Tab 20 (§49.9(i)(21)) Length of Affordability Period Selection Form
Applicants may qualify for up to 4 points for qualifying under this exhibit. Select the appropriate box for points requested:
Length of Affordability Period. In accordance with the Code, each Development is required to maintain its affordability for a 15-year compliance period and, subject to certain exceptions, an additional 15-year extended use period. Development Owner indicates below that the Development will extend the affordability period beyond the 30 years required in the Code as follows:
Add 5 years of affordability after the extended use period for a total affordability period of 35 years (2 points)
Add 10 years of affordability after the extended use period for a total affordability period of 40 years (4 points)
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 22 of 33 Volume 4, Tab 21 (§49.9(i)(22)(A) and(B)) Part A. Proximity of Site to Amenities
Applicants may qualify for up to 4 points for qualifying under this exhibit. Select the appropriate box for points requested:
(Select All That Apply)
A site located within one-quarter mile of public transportation that is accessible to all residents including Persons with Disabilities. A map must be provided that shows the location of the public transportation stop and a one-quarter mile radius around the Development Site (4 points), OR
A Development Site located within a community that has “on demand” transportation that is special transit service (for family applications), or specialized elderly transportation for Qualified Elderly Developments. The “on demand” transportation must be available to all residents including Persons With Disabilities. If a Development is providing its own specialized van or on demand service, then this will be a requirement of the LURA (4 points), OR
Development Sites located within a one mile radius (two-mile radius for Developments competing for a Rural Regional Allocation) of at least three services appropriate to the target population will receive four points. Only one service of each type listed below will count towards the points. A map must be included identifying the one or two-mile radius, the Development Site and the location of the services. The services must be identified by name on the map. If the services are not identified by name, points will not be awarded. By checking the boxes below, the Applicant certifies that all services currently exist or, if under construction, are at least 50% complete by the date the Application is submitted. (4 points).
Full service grocery store or supermarket
Pharmacy
Convenience Store/Mini-market
Department or Retail Merchandise Store
Bank/Credit Union
Restaurant (including fast food)
Indoor public recreation facilities, such as civic centers, community centers, and libraries
Outdoor public recreation facilities such as parks, golf courses, and swimming pools
Hospital/medical clinic
Medical offices (physician, dentistry, optometry)
Public Schools (only eligible for Developments that are not Qualified Elderly Developments)
Senior Center
Dry cleaners
Family video rental (Blockbuster, Hollywood Video, Movie Gallery)
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 23 of 33 Part B. Negative Site Features
Applicants may receive up to -6 points under this exhibit. Select either Option A or B, as appropriate:
Negative Site Features. Development Sites with the following negative characteristics will have points deducted from their score. For purposes of this exhibit, the term ‘adjacent’ is interpreted as sharing a boundary with the Development Site. The distances are to be measured from all boundaries of the Development Site to all boundaries of the property containing the negative site feature.
Option A: I certify that the items selected below are the only negative site features for this Development Site. If it is determined that this Application has failed to note any negative features, double points will be deducted from the score or the Application may be terminated depending on the circumstances (Select all those site features that are applicable.).
Developments located adjacent to or within 300 feet of junkyards will have a 1 point deducted from their score.
Developments located adjacent to or within 300 feet of active railroad tracks will have 1 point deducted from their score, unless the Applicant provides evidence that the city/community has adopted a Railroad Quiet Zone or the railroad in question is commuter or light rail. Rural Developments funded through TRDO-USDA are exempt from this point deduction.
Developments located adjacent to or within 300 feet of heavy industrial uses such as manufacturing plants will have 1 point deducted from their score.
Developments located adjacent to or within 300 feet of a solid waste or sanitary landfill will have 1 point deducted from their score.
Developments where the buildings are located within the fall line of high voltage transmission power lines will have 1 point deducted from their score.
Developments where buildings are located within the accident zones or clear zones for commercial or military airports will have 1 point deducted from their score.
or
Option B: I certify that none of the negative site features listed above exist for this Development Site. If it is determined that this Application has failed to note any negative features, double points will be deducted from the score or the Application may be terminated, depending on the circumstances.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 24 of 33 Volume 4, Tab 22 (§49.9(i)(24)) Qualified Census Tracts with Community Revitalization Plan
Attach a copy of the Community Revitalization Plan and provide the following information.
11-Digit Qualified Census Tract Number:
Name of the Community Revitalization Plan(s):
Is an ordinance, resolution or other evidence of a vote by the local Governing Body showing adoption attached? Yes No
If no, page number of the plan where adoption is mentioned: (does not guarantee acceptance of the plan)
Page number(s) of the plan that mentions the targeting of specific geographic areas for revitalization and development of residential developments:
*Attach a letter from the chief executive officer or other local official with appropriate jurisdiction of local Governing Body stating that the Development Site is located within the targeted development area(s) outlined in the plan.
*If the Community Revitalization Plan references any other documents or plans, the referenced documents must also be provided, and an outline describing how the individual plans combine to target a specific geographic area for revitalization and development of residential developments must be provided.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 25 of 33 Volume 4, Tab 23 (§49.9(i)(25)) Sponsor Characteristics Certification
Applicants may qualify for up to 2 points for qualifying under either Part A or Part B of this exhibit. Select the appropriate box for points requested:
Note: Pursuant to §49.9(i)(25) of the 2009 QAP, if an Application partners an experienced Developer with a HUB that does not meet the experience requirement under §49.9(g), the experienced Developer, as an Affiliate, will not be subject to the credit limit described under §49.6(d) of this title for one Application per Application Round. The HUB must partner with an experienced Developer (as defined by §49.9 of this title). For purposes of this section the experienced Developer may not be a Related Party to the HUB. In order to qualify for this provision, you MUST complete Part B of this form in its entirety.
Part A: An Application will receive these two points if this box is checked. The Applicant must submit a plan behind this tab reflecting how they will use Historically Underutilized Businesses in the development process consistent with the Historically Underutilized Business Guidelines for contracting with the State of Texas. The Applicant will be required to submit a report of the success of the plan as part of the cost certification documentation in order to receive IRS Forms 8609.
Part B: Sections 1, 2, and 3 must be completed to qualify for these 2 points.
Section 1: (To be completed by the Applicant. All 3 boxes must be checked to qualify for the 2 points under Part B)
I (We) certify that no Principal of the HUB has experience which would meet the requirements of §49.9(g) of the 2009 QAP or has developed, and received 8609’s for, more than two Developments involving tax credits.
Enter the name and title of all Principals of the HUB. If more space is needed, provide additional documentation behind this tab.
Principal Name: Role/Title:
I (We) certify the HUB has at least 51% ownership interest in the General Partner and will materially participate in the development and operation of the Development throughout the Compliance Period.
I (We) certify the HUB has partnered with an experienced developer (as defined by §49.9 of the 2009 QAP) and understand that the experienced developer, as an Affiliate, will not be subject to the credit limit described under §49.6(d) of the 2009 QAP for one Application per Application Round and certify that the experienced developer is not be a Related Party to the HUB.
Section 2: (To be completed by the experienced developer)
Enter the name and title as the experienced developer partnering with the HUB (as defined by §49.9 of the 2009 QAP). Include the TDHCA Experience Certificate behind this form.
Experienced Principal Name: Role/Title:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 26 of 33 Section 3: Certified by the Texas Comptroller of Public Accounts (Must complete to receive points under Part B)
HUB REQUIREMENTS A historically underutilized business, in conformance with Chapter 2161 of the Texas Government Code, means an entity with its principal place of business in the state of Texas that is:
a. A corporation formed for the purpose of making profit in which 51 percent or more of all classes of the shares of stock or other equitable securities are owned by one or more economically disadvantaged persons who have a proportionate interest and actively participate in the corporation’s control, operation, and management;
b. A sole proprietorship created for the purpose of making a profit that is completely owned, operated, and controlled by an economically disadvantaged person;
c. A partnership formed for the purpose of making a profit in which 51 percent or more of the assets and interest in the partnership are owned by one or more economically disadvantaged persons who have a proportionate interest and actively participate in the partnership’s control, operation and management;
d. A joint venture in which each entity in the venture is a historically underutilized business, as determined under another paragraph of this definition; or
e. A supplier contract between a historically underutilized business as determined under another paragraph of this subdivision and a prime contractor under which the historically underutilized business is directly involved in the manufacture or distribution of the goods or otherwise warehouses and ships the goods. Goods are defined as supplies, materials or equipment.
An economically disadvantaged person means a person who is economically disadvantaged because of the person’s identification as a member of a certain group, including Black Americans, Hispanic Americans, women, Asian Pacific Americans, and Native Americans, and who has suffered the effects of discriminatory practices or other similar insidious circumstances over which the person has no control.
HUB is a: Minority Business Enterprise (MBE) Minority & Woman Business Enterprise (M/WBE) Woman Business Enterprise (WBE)
State of County of
The undersigned, (“Affiant”) on oath swears that the following statements are true and are within the personal knowledge of Affiant:
I do solemnly declare and affirm under the penalties of perjury that the content of this and any attached documents are true and correct and include all information necessary to identify:
Name of HUB
The undersigned, in addition, swears that the above referenced entity meets all the qualifications for and is certified as a HUB. I understand that any material misrepresentation will be grounds for revocation of a funding award and shall be subject to penalty provided under State and Federal law.
By Signature of Affiant Date
SIGNED under oath before me on .
Notary Public, State of Texas
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 27 of 33 TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 28 of 33 Volume 4, Tab 24 (§49.9(i)(26)) Agreement to the Provision of Right of First Refusal
Applicants may qualify for 1 point for qualifying under this exhibit by certifying below.
This certification serves as evidence that the Development Owner agrees to provide a right of first refusal to purchase the Development upon or following the end of the Compliance Period for the minimum purchase price provided in, and in accordance with the requirements of, §42(i)(7) of the Code (the “Minimum Purchase Price”), to a Qualified Nonprofit Organization, the Department, or either an individual tenant with respect to a single family building, or a tenant cooperative, a resident management corporation in the Development or other association of tenants in the Development with respect to multifamily developments (together, in all such cases, including the tenants of a single family building, a “Tenant Organization”). Development Owner may qualify for these points by providing the right of first refusal in the following terms.
A) Upon the earlier to occur of:
(i) the Development Owner’s determination to sell the Development, or
(ii) the Development Owner’s request to the Department, pursuant to §42(h)(6)(E)(II) of the Code, to find a buyer who will purchase the Development pursuant to a “qualified contract” within the meaning of §42(h)(6)(F) of the Code, the Development Owner shall provide a notice of intent to sell the Development (“Notice of Intent”) to the Department and to such other parties as the Department may direct at that time. If the Development Owner determines that it will sell the Development at the end of the Compliance Period, the Notice of Intent shall be given no later than two years prior to expiration of the Compliance Period. If the Development Owner determines that it will sell the Development at some point later than the end of the Compliance Period, the Notice of Intent shall be given no later than two years prior to date upon which the Development Owner intends to sell the Development.
B) During the two years following the giving of Notice of Intent, the Sponsor may enter into an agreement to sell the Development only in accordance with a right of first refusal for sale at the Minimum Purchase Price with parties in the following order of priority:
(i) During the first six-month period after the Notice of Intent, only with a Qualified Nonprofit Organization that is also a community housing development organization, as defined for purposes of the federal HOME Investment Partnerships Program at 24 C.F.R. §92.1 (a “CHDO”) and is approved by the Department,
(ii) During the second six-month period after the Notice of Intent, only with a Qualified Nonprofit Organization or a Tenant Organization; and
(iii) During the second year after the Notice of Intent, only with the Department or with a Qualified Nonprofit Organization approved by the Department or a Tenant Organization approved by the Department.
(iv) If, during such two-year period, the Development Owner shall receive an offer to purchase the Development at the Minimum Purchase Price from one of the organizations designated in clauses (i) through (iii) of this subparagraph (within the period(s) appropriate to such organization), the Development Owner shall sell the Development at the Minimum Purchase Price to such organization. If, during such period, the Development Owner shall receive more than one offer to purchase the Development at the Minimum Purchase Price from one or more of the organizations designated in clauses (i) through (iii) of this subparagraph (within the period(s) appropriate to such organizations), the Development Owner shall sell the Development at the Minimum Purchase Price to whichever of such organizations it shall choose.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 29 of 33 C) After whichever occurs the later of:
(i) the end of the Compliance Period; or
(ii) two years from delivery of a Notice of Intent
the Development Owner may sell the Development without regard to any right of first refusal established by the LURA if no offer to purchase the Development at or above the Minimum Purchase Price has been made by a Qualified Nonprofit Organizations, a Tenant Organization or the Department, or a period of 120 days has expired from the date of acceptance of all such offers as shall have been received without the sale having occurred, provided that the failure(s) to close within any such 120-day period shall not have been caused by the Development Owner or matters related to the title for the Development.
D) At any time prior to the giving to the giving of the Notice of Intent, the Development Owner may enter into an agreement with one or more specific Qualified Nonprofit Organizations and/or Tenant Organizations to provide a right of first refusal to purchase the Development for the Minimum Purchase Price, but any such agreement shall only permit purchase of the Development by such organization in accordance with and subject to the priorities set forth in subparagraph (B) of this paragraph.
E) The Department shall, at the request of the Development Owner, identify in the LURA a Qualified Nonprofit Organization or Tenant Organization which shall hold a limited priority in exercising a right of first refusal to purchase the Development at the Minimum Purchase Price, in accordance with and subject to the priorities set forth in subparagraph (B) of this paragraph.
F) The Department shall have the right to enforce the Development Owner’s obligation to sell the Development as herein contemplated by obtaining a power-of-attorney from the Development Owner to execute such a sale or by obtaining an order for specific performance of such obligation or by such other means or remedy as shall be, in the Department’s discretion, appropriate.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 30 of 33 Volume 4, Tab 25 (§49.9(i)(27)) Leveraging of Private, State and Federal Resources
Complete the following information for 1 point under §49.9(i)(27) of the QAP. Applicants may submit enough sources to substantiate the point request. For example, two sources may be submitted if each is for an amount equal to 1% of the Total Housing Development Cost.
The funding must be a loan, grant, in-kind contribution, or development based rental subsidy from a federal, state or private source in additional to the primary funding (construction and permanent loans) that is proposed to be utilized and cannot be from the same source or an affiliated source. Qualifying funds awarded through local entities may qualify points if the original source of the funds is from a private, state, or federal source and a statement from the local entity is provided that attests that the original source of funds is from a private, state, or federal source and identifies the original source of funds.
The funding must be equal to or greater than 2% of the Total Housing Development Costs, without rounding, reflected in the Volume 1, Tab 3, Part A. Development Cost Schedule In addition, the Volume 1, Tab 2, Part B. Rent Schedule must show that at least 3% of all low-income Units are designated to serve individuals or families with incomes at or below 30% AMGI.
All funding, including in-kind contributions (except Development Based Rental Subsidies), must be reflected in the Volume 1, Tab 4, Part A. Summary of Sources and Uses form, the Volume 1, Tab 4, Part B. Financing Participants form, and Volume 1, Tab 4, Financing Narrative.
IMPORTANT! Funding sources used for points under §49.9(i)(5), Commitment of Development Funding from Local Political Subdivisions, may NOT be used for this point item.
Complete one form for each source. Use additional pages if necessary.
1. Name of Private, State or Federal Funding Entity::
2. Funding Source. Refer to ASPM and QAP for specific requirements of each funding source. Check one box.
Loan
Total Amount attributed to the Total Housing Development Costs: $
Grant
Total Amount attributed to the Total Housing Development Costs: $
TDHCA HOME Funds TDHCA HOME Funds will only qualify if there is a Notice of Funding Availability (NOFA) out for available funds and the Applicant is eligible under that NOFA.
Total Amount attributed to the Total Housing Development Costs: $
In-kind Contribution For in-kind contributions, evidence must be submitted from a private, state or federal resource which substantiates the value of the in-kind contribution.
Total Amount attributed to the Total Housing Development Costs (from August 1, 2009 through Placed in Service date): $
Type of In-kind Contribution:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 31 of 33 Development Based Rental Subsidy Development based rental subsidies from private, state or federal resource may qualify under this section if evidence of the remaining value of the contract is submitted from the source. In this case, the value of the contract does not include past subsidies.
Total Amount of Remaining Subsidy (from Aug. 1, 2009 through expiration of contract): $
3. Evidence of Funding. One of the following must be submitted.
Copy of commitment of funds. The commitment must include a statement that the provider of funds is not the Applicant, the Developer, Consultant, Related Party or any individual or entity acting on behalf of the proposed Application and that none of the funds committed were first provided to the entity by the Applicant, the Developer, Consultant, Related Party or any individual or entity acting on behalf of the proposed Application, unless the Applicant itself is a Local Political Subdivision or subsidiary.
Copy of the application to the funding entity and a letter from the funding entity indicating that the application was received. The Application should include the amount and terms of the proposed funding. For in-kind contributions and development based rental subsidies, a letter from the funding entity substantiating the anticipated value must be provided.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 32 of 33 Volume 4, Tab 26 (§49.9(i)(28)) Third-Party Funding Commitment Outside of Qualified Census Tracts
Complete the following information for 1 point under §49.9(i)(28) of the QAP. Use additional pages if necessary. For all sources, submit the funding commitment behind this tab. All sources must be included in the Volume 1, Tab 4, Part A. Summary of Sources and Uses form, the Volume 1, Tab 4, Part B. Financing Participants form, and Volume 1, Tab 4, Financing Narrative. Funding must equal at least 2% of the Total Housing Development Costs, without rounding, reflected in the Volume 1, Tab 3, Part A. Development Cost Schedule. The funding source can not be a commercial lender. Funds from the Department’s HOME and Housing Trust Fund sources are not eligible for these points.
Funding Source:
Total Amount: $
Percentage of Development Cost: % (Do not round)
Copy of commitment of funds is attached. The commitment must include a statement that the provider of funds is not the Applicant, the Developer, Consultant, Related Party or any individual or entity acting on behalf of the proposed Application and that none of the funds committed were first provided to the entity by the Applicant, the Developer, Consultant, Related Party or any individual or entity acting on behalf of the proposed Application.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - Competitive 9% HTC Application Supplement 4/25/2018 Page 33 of 33