Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,072
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information available to the Underwriter. The Market Analyst may
not consider such development stabilized in the Market Study.
(141) Urban Area--A Place that is located within the
boundaries of a primary metropolitan statistical area or a metropolitan
statistical area other than a Place described by subparagraph (A) within
the definition of Rural Area in this subsection. For areas not meeting
the definition of a Place, the designation as a Rural Area or Urban
Area is assigned in accordance with 11.204(5) of this chapter.
(142) Utility Allowance--The estimate of tenant-paid
utilities made in accordance with Treasury Regulation, #1.42-10 and
10.614 of this title (relating to Utility Allowances).
(143) Work Out Development--A financially distressed
Development for which the Owner or a primary financing participant
is seeking a change in the terms of Department funding or program
restrictions.
(e) Data. Where this chapter requires the use of American
Community Survey or Housing & Urban Development data, the De-
partment shall use the most current data available as of October 1 of
the year prior to Application, , unless specifically otherwise provided
in federal or state law or in the rules. All American Community Survey
data must be 5-year estimates, unless otherwise specified. The avail-
ability of more current data shall be disregarded. Where other data
sources are specifically required, such as NeighborhoodScout, the data
available after October 1, but before Pre-Application Final Delivery
Date, will be permissible. The NeighborhoodScout report submitted in
the Application must include the report date.
(f) Deadlines. Where a specific date or deadline is identified
in this chapter, the information or documentation subject to the dead-
line must be received by the Department on or before 5:00 p.m. Austin
local time on the day of the deadline. If the deadline falls on a week-
end or holiday, the deadline is 5:00 p.m. Austin local time on the next
day which is not a weekend or holiday and on which the Department
is open for general operation. Unless otherwise noted or provided in
statute, deadlines are based on calendar days. Deadlines, with respect
to both date and time, cannot be waived except where authorized and
for truly extraordinary circumstances, such as the occurrence of a sig-
nificant natural disaster that could not have been anticipated and makes
timely adherence impossible. Applicants should further ensure that
all required documents are included, legible, properly organized, and
tabbed, and that materials in required formats involving digital media
are complete and fully readable. Applicants are strongly encouraged
to submit the required items well in advance of established deadlines.
(g) Documentation to Substantiate Items and Representations
in a Competitive HTC Application. In order to ensure the appropri-
ate level of transparency in this highly competitive program, Appli-
cations and all correspondence and other information relating to each
Application are posted on the Department's website and updated on a
regular basis. Applicants must use the Application form posted online
to provide appropriate support for each item substantiating a claim or
representation, such as claims for points, qualification for set-asides,
meeting of threshold requirements, or timely requesting a waiver or
determination. Any Application that staff identifies as having insuf-
ficient support information will be directed to cure the matter via the
Deficiency process. Applicants are reminded that this process may not
be used to increase a scoring item's points or to change any aspect of
the proposed Development, financing structure, or other element of the
Application. Although a responsive narrative will be created after Ap-
plication submission, all facts and materials to substantiate any item in
response to such an Administrative Deficiency must have been clearly
established at the time of submission of the Application.(h) Board Standards for Review. Some issues may require or
benefit from Board review. The Board is not constrained to a particular
standard, and while its actions on one matter are not binding as to how
it will address another matter, the Board does seek to promote consis-
tency with its policies, including the policies set forth in this chapter.
(i) Public Information Requests. Pursuant to Tex. Gov't Code
2306.6717, any pre-application and any full Application, including
all supporting documents and exhibits, must be made available to the
public, in their entirety, on the Department's website. The filing of a
pre-application or Application with the Department shall be deemed
as consent to the release of any and all information contained therein,
including supporting documents and exhibits. As part of its certifi-
cations, the Applicant shall certify that the authors of the reports and
other information and documents submitted with the Application have
given their consent to the Applicant to submit all reports and other in-
formation and documents to the Department, and for the Department
to publish anything submitted with the Application on its website and
use such information and documents for authorized purposes.
(j) Responsibilities of Municipalities and Counties. In consid-
ering resolutions regarding housing de- concentration issues, threshold
requirements, or scoring criteria, municipalities and counties should
consult their own staff and legal counsel as to whether their handling
of actions regarding such resolution(s) are consistent with Fair Hous-
ing laws as they may apply, including, as applicable, consistency with
any Fair Housing Activity Statement-Texas (FHAST) form on file, any
current Analysis of Impediments to Fair Housing Choice, any current
Assessment of Fair Housing, or any current plans such as one year ac-
tion plans or five year consolidated plans for HUD block grant funds,
such as HOME or CDBG funds.
(k) Request for Staff Determinations. Where the requirements
of this chapter do not readily align with the activities proposed in an Ap-
plication, an Applicant may request and Department staff may provide
a determination to an Applicant explaining how staff will review an
Application in relation to the applicable rules. In no instance will staff
provide a determination regarding a scoring item. Any such request
must be received by the Department prior to submission of the pre-ap-
plication (if applicable to the program) or Application (if no pre-ap-
plication was submitted). Staff may, in its sole discretion, provide the
request to the Board for it to make the determination. Staffs deter-
mination may take into account the articulated purpose of or policies
addressed by a particular rule or requirement, materiality of elements,
substantive elements of the development plan that relate to a term or
definition, a common usage of the particular term, or other issues rele-
vant to a rule or requirement. All such requests and determinations will
be conveyed in writing. If the determination is finalized after submis-
sion of the pre-application or Application, the Department may allow
corrections to the pre-application or the Application that are directly
related to the issues in the determination. It is an Applicant's sole re-
sponsibility to request a determination and an Applicant may not rely
on any determination for another Application regardless of similarities
in a particular fact pattern. For any Application that does not request
and subsequently receive a determination, the definitions and applica-
ble rules will be applied as used and defined herein. An Applicant may
appeal a determination for their Application, using the Appeal Process
provided for in 11.902 of this chapter, if the determination provides
for a treatment that relies on factors other than the explicit definition.
A Board determination may not be appealed. A staff or Executive Di-
rector determination not timely appealed cannot be further appealed or
challen ed.
11.2. Program Calendar for Housing Tax Credits.
(a) Competitive HTC Deadlines. Non-statutory deadlines
specifically listed in the Program Calendar may be extended by the46 TexReg 6072 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/m1/90/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.