IRS FORM 8609/NYS DTF-625 REQUEST SUBMISSION PACKAGE DOCUMENT CHECKLIST (Updated: May 2017)

SHARS ID: Applicant/Owner: Project Name: Section 42(m) of the Internal Revenue Code and Article 2a of Public Housing Law requires that the NYS Division of Housing and Community Renewal (DHCR), as a Housing Credit Agency, monitor all projects financed under the Low-Income Housing Credit Program (LIHC) and/or NYS Low-Income Housing Tax Credit Program (SLIHC), respectively, to ensure an owner’s compliance with statutory program requirements, the LIHC Qualified Allocation Plan, and the project’s LIHC/SLIHC Regulatory Agreement and Reservation Letter. Project monitoring is initiated upon an owner’s receipt of a final credit allocation (IRS Form 8609 for LIHC and/or DTF-625 for SLIHC). In order to secure a final credit allocation, an owner must submit the documents included on this checklist, in a format and on terms satisfactory to DHCR.

Questions pertaining to these document submissions requirements should be directed to the project’s DHCR Regional Office Project Manager.

Additional information regarding DHCR’s compliance monitoring of LIHC/SLIHC projects is available at the following toll free number: 1-800-432-4210.

A. PROJECT CHECKLIST Please submit all documents cited below. Check box if document is submitted with this package and enter date of the document, or N/A if not applicable:

1. Copy of current Limited Partnership Agreement or Limited Liability Corporation Operating Agreement, if not previously submitted. 2. Updated "Proposal Summary" (UF Application Attachment F9), if project scope has been modified since previous submission. 3. Updated "Rents, Maintenance Fees, and Affordability" - Exhibit 4, if modified since execution of the project’s LIHC/SLIHC Regulatory Agreement.

4. Updated “Project Income” – Exhibit 5, if modified since execution of the project’s LIHC/SLIHC Regulatory Agreement.

5. Updated “Operating Budget” – Exhibit 5, if modified since execution of the project’s LIHC/SLIHC Regulatory Agreement.

6. An updated “Site & Building Information” – Exhibit 8, if modified since execution of the project’s LIHC/SLIHC Regulatory Agreement.

7. Updated LIHC/SLIHC Unit Information “9% LIHC Rent-Restricted Unit Distribution” component from Exhibit 9, Section D, “LIHC/SLIHC Qualified Building Information.”

8. Updated, signed, separate “LIHC/SLIHC Declaration of Public Subsidies” for each building in the project – Exhibit 9, Section E.

Page 1 of 4 9. If not previously submitted on terms, and in a format acceptable, to DHCR, evidence of compliance with the terms, conditions and requirements as specified in the project’s LIHC/SLIHC Reservation Letter, Binding Agreement, Carryover Allocation and/or Regulatory Agreement, including but not limited to:

a) Agreement(s) giving preference in tenant selection for the LIHC regulated units to persons from public housing and other waiting lists (per to Section 2040.3(f)(8)of DHCR’s QAP). Consistent with HUD regulations, the project owner shall not enter into or participate in any memorandum of understanding, agreement or other relationship which would result in the exclusive referral of any tenant(s) on a Section 8 Housing Choice Voucher Program waiting list or Housing Choice Voucher Program (or similar tenant based subsidy which is not required by the IRS to be considered in the calculation of the Restricted Rent) contrary to 24 CFR 982.353, if applicable.

b) An agreement with a not-for-profit 501 (C) (3) or its wholly owned subsidiary to acquire the low-income portion of the project (at a cost equal to or below the minimum permitted pursuant to the Internal Revenue Code for the purpose of a Qualified Contract), if applicable.

c) The effective plan for existing tenants to purchase the project as part of a buy-out plan at the end of the compliance period, if applicable.

d) An agreement or commitment in writing with an experienced social services provider to provide supportive services to project tenants with special needs (per Section 2040.3(f)(10)of the QAP), if applicable.

10. Full, Recent Title Report including Project Description – Legal metes and bounds, if applicable.

11. Sample Owner signature block, if applicable.

12. A Cost Certification utilizing the HCR-mandated format, available at: http://www.nyshcr.org/Topics/Developers/LowIncome/Certified-Cost-Certification-Forms.htm. ADVISORY: ONLY THE HCR-MANDATED FORMAT FOR THE COST CERTIFICATION PREPARED BY THE PROJECT’S CERTIFIED PUBLIC ACCOUNTANT (CPA) WILL BE ACCEPTED BY DHCR.

13. A letter from the investor/syndicator of the low-income housing tax credit certifying that they have reviewed the cost certification and concur with its contents. The letter should state the final amount of credit, the final amount of equity provided to the project net of all syndication/partnership fees (fees must be identified ), and any tax credit adjustors that are applicable.

14. Evidence that the project owner has closed on ALL sources of permanent financing.

15. A certification of compliance with the debarment requirements set forth in the Reservation Letter.

Page 2 of 4 16. If the project includes units which are not LIHC-assisted, a completed LIHC Mixed Income Project Residential Unit Chart (available at http://www.nyshcr.org/Programs/LIHC/LIHC_Minimum-Set-Aside- Unit-Chart.xlsx).

17. Certification from the green building program selected for the project that the required green building items set forth in the project’s reservation letter were met, if applicable.

18. Certification from the energy efficiency program selected for the project that the required energy efficiency standards set forth and required in the project’s LIHC/SLIHC reservation letter were met, if applicable. For moderate rehabilitation/preservation projects, the project architect, engineer or energy consultant shall issue a report certifying that the project met the selected goal, as identified and required in the project’s LIHC/SLIHC reservation letter.

The following certifications (items 19, 20 and 21) to be provided by the project architect may be included in one document provided that they clearly distinguish between these required submissions:

19. A certification from the project architect confirming that the mandatory green building and energy efficiency practices and features as set forth and required in the project’s LIHC/SLIHC reservation letter were included in the project, if applicable. This certification must list the green building and energy efficiency practices and features included in the completed project.

20. A certification from the project architect that the project includes the fully adapted, accessible, move-in ready units and/or Visitable units as set forth and required in the project’s LIHC/SLIHC reservation letter. This certification must list the fully adapted, accessible, move-in ready units and/or Visitable units by quantity and number of bedrooms.

21. A certification from the project architect that all LIHC amenities as set forth and required in the project’s LIHC/SLIHC reservation letter were included in the project. This certification shall include a list of the amenities included in the completed project.

B. BUILDING CHECKLIST

1. Evidence that each building in the project has entered service:

a) For new construction or rehabilitation of a vacant building a Certificate of Occupancy is acceptable.

b) For a building that is undergoing rehabilitation and was occupied at the time of acquisition there may be two different "placed in service" dates and each requires separate evidence as indicated directly below (items b)i and b)ii):

Page 3 of 4 i) For an occupied rehabilitated building claiming Credit for the acquisition portion of the building, the placed in service" date for the acquisition is the date the building was acquired and the applicant

must submit evidence that the acquisition has occurred. Acceptable evidence would be a deed.

ii) For an occupied rehabilitated building, the "placed in service" date for the rehabilitation portion of the building can be any point in a period of up to 24 months during which eligible rehabilitation

expenditures are aggregated. Acceptable evidence for the rehab portion of an occupied building is

a statement by the owner indicating the date the owner has selected for “placed in service”.

2. As-built drawings for the entire project (if not previously submitted per HTF Program

requirements).

3. For projects financed by LIHC and/or SLIHC only (i.e., no other Housing Trust Fund Corporation or DHCR funding sources which are subject to HCR Design Handbook requirements) which include the renovation of an existing structure(s), an updated Physical Needs Assessment Form, Part A and B, properly certified by the project architect.

4. For projects financed by LIHC and/or SLIHC only (i.e., no other Housing Trust Fund Corporation or DHCR funding sources which are subject to HCR Design Handbook requirements), built before 1978 and undergoing renovation of an existing structure(s), evidence of compliance with HUD and EPA rules and guidelines for testing and abatement of lead based paint through third party clearance of work areas during renovations and at project completion, prior to occupancy. See HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, current edition, and HUD Lead Safe Housing Rule (24 CFR Part 35), and EPA Renovation, Repair and Painting Rule (40 CFR Part 745).

5. For projects financed by LIHC and/or SLIHC only (i.e., no other Housing Trust Fund Corporation or DHCR funding sources which are subject to HCR Design Handbook requirements), built before 1978 and undergoing renovation of an existing structure(s) with award dated January 1, 2016 or later, all existing domestic water supply distribution systems to remain in proposed projects shall test negative for lead content in accordance with applicable drinking water regulations and guidelines.

COMMENTS:

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