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Presentation, discussion, and possible action regarding eligibility under 10 TAC §11.101(b)(1)(D) related to Ineligibility of Developments within Areas of High Crime for Bernicia Place (#25476)
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RECOMMENDED ACTION
recommendation
WHEREAS, the applicant for Bernicia Place submitted a Neighborhood Risk Factors (NRF) Report, and a request for a pre-determination of site eligibility on August 25, 2025;
WHEREAS, the applicant disclosed the presence of a Neighborhood Risk Factor related to the presence of an adjacent census tract that has a violent crime rate greater than 18 per 1,000 persons, which renders the Development ineligible;
WHEREAS, the applicant also disclosed the presence of another Neighborhood Risk Factor, relating to the poverty rate and such risk factor will be sufficiently mitigated pursuant to the QAP in the form of a resolution from the governing body;
WHEREAS, the applicant provided further information about the crime rate within the subject census tract and police beat that encompasses said tract;
WHEREAS, the mitigation provided and discussed herein still yielded a Part I violent crime rate greater than 18 per 1,000 persons, which renders the Development ineligible without the opportunity for further mitigation, per 10 TAC §11.101(b)(1)(D); and
WHEREAS, staff recommends the site for Bernicia Place be found ineligible;
NOW, therefore, it is hereby
RESOLVED, that based on further review of the development site as discussed herein, the proposed development and associated 4% HTC application for Bernicia Place is ineligible pursuant to 10 TAC §11.101(b)(1)(D) of the QAP relating to Ineligibility of Developments within Areas of High Crime.
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BACKGROUND
General Information: Bernicia Place is to be located in Houston, Harris County, and proposes the new construction of 120 units that will serve the elderly population. The Certificate of Reservation from the Bond Review Board was issued under the Priority 1A designation, which requires 50% of the units to be rent- and income-restricted at 50% of Area Median Income (AMI) and 50% of the units to be rent- and income-restricted at 60% of Area Median Income (AMI). The applicant submitted a 4% HTC application to TDHCA on September 8, 2025, and that application indicates that 70 of the units will be rent- and income-restricted at 30% AMI, and the remaining 50 units will be rent- and income-restricted at 50% AMI.
Poverty: The development site is located in a census tract (CT 48201313600) that has a poverty rate of 42.30%, which exceeds the threshold of 40% allowed under 10 TAC §11.101(a)(3)(D)(i). The QAP allows for a resolution from the Governing Body of the appropriate municipality or county that acknowledges the high poverty rate and authorizes the development to move forward, to serve as acceptable mitigation for a poverty rate that exceeds the threshold. According to the applicant, a resolution from the City of Houston that meets the requirements of 10 TAC §11.101(a)(3)(E)(i) is forthcoming and will be provided.
Crime: As previously mentioned, the applicant disclosed a Neighborhood Risk Factor related to the Part I violent crime rate. More specifically, the Part I violent crime rate of the census tract containing the proposed development site is 16.42 per 1,000 persons, which is below the allowed threshold in the QAP; however, an adjacent tract with boundaries within 500 feet of the proposed site (census tract 48201313700) has a Part I violent crime rate of 28.37. This renders the proposed site/application ineligible under 10 TAC §11.101(a)(3).
As part of the NRF Report, applicant provided information related to the ongoing crime-reduction efforts of different law enforcement agencies that have jurisdiction in the area. According to the applicant, the Houston Police Department, Harris County Constable, and the Metropolitan Transit Authority of Harris County Police Department all provide services in the associated area to varying degrees.
According to the applicant, these efforts resulted in a 21% drop in violent crime from 2022 to 2023 within Houston City Council District D, which covers the proposed development site, as well as a considerable part of south Houston.
Also included with the NRF report was a letter from Harris County Constable, James Philips, that further details his office’s crime mitigation efforts in the area through a partnership with the Greater Southeast Management District, an area that covers 30 square miles. The agreement provides law enforcement services from Constable Precinct Seven to the area, which includes four deputies who dedicate 80% of their time fighting crime within the Greater Southeast Management District area. Constable Philips also expressed his support for the proposed development.
In order to get a more current and focused understanding of the extent of violent crime in the neighborhood surrounding Bernicia Place, staff requested violent crime data specific to the violating census tract, the police beat that covers said census tract, and the city council district over the last several years. Information provided by the applicant as a result of that request revealed the following:
• Violent crime in Council District D increased by 10% from 2023 to 2024.
• Violent crime in Council District D is down by 13% year-to-date from 2024 to 2025.
• In the census tract (CT 48201313700), the Part I Violent Crime Rate was 30.95 in 2022, 31.90 in 2023, and 38.10 in 2024.
• In the police beat that covers the census tract (14D10), the Part I Violent Crime Rate was 26.42 in 2022, 32.34 in 2023, and 33.03 in 2024.
As outlined above, according to the information/data provided, the Part I Violent Crime Rate over the last several years has increased in both the subject census tract and the police beat that covers the census tract, and is well above the 18 per 1,000 persons threshold outlined in the QAP. As a result, staff determined that the proposed development and associated 4% HTC application are ineligible, in accordance with §11.101(b)(1)(D) of the QAP. Staff is requesting the Board reaffirm that determination.