Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,020
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(A), (B), (C) and/or (D) of this paragraph (only for Applications made
and reviewed under 1.301 of this subchapter (relating to Definitions
and Previous Participation Reviews for Multifamily Awards and Own-
ership Transfers)) and/or (E) for applications made and reviewed under
1.302 of this subchapter (relating to Previous Participation Reviews
for Department Program Awards Not Covered by 1.301 of this Sub-
chapter) and provide TDHCA with certification of attendance or com-
pletion no later than a given date.
(A) Housing Tax Credit Training sponsored by the
Texas Apartment Association;
(B) 1st Thursday Income Eligibility Training conducted
by TDHCA staff;
(C) Review one or more of the TDHCA Compliance
Training Presentation webinars:
(i) 2012 Income and Rent Limits Webinar Video;
(ii) 2012 Supportive Services Webinar Video;
(iii) Income Eligibility Presentation Video;
(iv) 2013 Annual Owner's Compliance Report
(AOCR) Webinar Video;
(v) Most current Tenant Selection Criteria Presenta-
tion;
(vi) Most current Affirmative Marketing Require-
ments Presentation;
(vii) Fair Housing Webinars (including but not lim-
ited to the 2017 FH webinars);
(D) Training for Certified Occupancy Specialist or
Blended Occupancy Specialist; or
(E) Any other training deemed applicable and appropri-
ate by the Department, which may include but is not limited to, weath-
erization related specific trainings such as OSHA, Lead Renovator, or
Building Analyst training.
(10) Owner is required to submit the written policies and
procedures for all Developments subject to a TDHCA LURA for re-
view and will correct them as directed by the Department.
(11) Owner is required to have qualified personnel or a
qualified third party perform Uniform Physical Condition Standards
inspections of 5% of their Units on a quarterly basis for a period of one
year, and promptly repair any deficiencies. Different Units must be
selected every quarter. Evidence of inspections and corrections must
be submitted to the Department upon request.
(12) Within 60 days of the condition issuance date the
Owner will contract for a third party Property Needs Assessment and
will submit to the Department a plan for addressing noted issues along
with a budget and timeframe for completion.
(13) Owner agrees to have a third party accessibility review
of the Development completed at a time to be determined by the Appli-
cant but no later than prior to requesting a TDHCA final construction
inspection. Evidence of review must be submitted to the Department
upon request.
(14) Applicant/Owner is required to provide all documen-
tation relating to a Single Audit on or before a specified date.
(15) Any of the conditions identified in 2 CFR 200.207
which may include but are not limited to requiring additional, more
detailed financial reports; requiring additional project monitoring; or
establishing additional prior approvals. If such conditions are utilized,the Department will adhere to the notification requirements noted in 2
CFR #200.207(b).
(16) Applicant is required to have qualified personnel or
a qualified third party perform an assessment of its operations and/or
processes and complete the recommended actions of the reviewer on
or before a specified deadline.
(17) Applicant is required to have qualified personnel or a
qualified third party performs DOE required Quality Control Inspec-
tions of 5% of its Units on a quarterly basis for a period of one year,
and promptly repair any deficiencies. Different Units must be selected
every quarter. Evidence of inspections and corrections must be submit-
ted upon request.
(18) Applicant is required to provide evidence that reserves
for physical repairs are fully funded as required by #10.404 of this title
(relating to Replacement Reserves).
(19) In the case of a Development being funded with di-
rect Grant funds (where an ongoing compliance agreement is a require-
ment) or Loan funds, Applicant is required to provide evidence of in-
voices and a lien waiver from the contractor, subcontractor, materials
supplier, equipment lessor or other party to the construction project
stating they have received payment and waive any future lien rights to
the property for the amount paid at the time of every draw request sub-
mitted.
(f) Failure to meet conditions.
(1) The Executive Director may, for good cause and as lim-
ited by federal commitment, expenditure, or other deadlines, grant one
extension to a deadline specified in a condition, with no fee required,
for up to six months, if requested prior to the deadline. Any subsequent
extension, or extensions requested after the deadline, must be approved
by the Board.
(2) If any condition agreed upon by the Applicant and im-
posed by the Board is not met as determined by the evidence submitted
(or lack thereof) when requested, the Applicant may be referred to the
Enforcement Committee for debarment.
(g) Dispute of EARAC Recommendations or Compliance
Recommendations for 4% Applications Eligible for Administrative
Approval.
(1) The Appeal provisions in 1.7 of this title (relating to
Appeals Process), relating to the appeals of a staff decision to the Ex-
ecutive Director, are not applicable.
(2) If an Applicant does not agree with any of the following
items, an Applicant or potential Subrecipient of an award may file a dis-
pute that may be considered by EARAC or Compliance (as applicable)
may be presented to the Board without further EARAC or Compliance
consideration consistent with paragraph (3) of this subsection.
(A) Their category as determined under 1.301(f) of
this subchapter;
(B) Any conditions proposed by EARAC or Compli-
ance; or
(C) A negative recommendation by EARAC or Com-
pliance.
(3) Prior to the Board meeting at which the EARAC rec-
ommendation is scheduled to be made, or within seven days of the no-
tification of Compliance Conditions for 4% Application Eligible for
Administrative Approval an Applicant or potential Subrecipient may
submit to the Department (to the attention of the Chair of EARAC or
Compliance staff), their Dispute detailing:46 TexReg 6020 September 17, 2021 Texas Register
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/38/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.