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Presentation, discussion, and possible action regarding a waiver of 10 TAC §11.101(b)(4)(D) and (N) for Georgian Oaks (HTC #24145/25817)
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RECOMMENDED ACTION
recommendation
WHEREAS, Georgian Oaks (the Development) received a 9% Housing Tax Credit (HTC) award in 2024 and a reallocation of tax credits under Force Majeure in 2025 for the adaptive reuse and new construction of 100 units, of which all are low-income units, for the elderly in Fort Worth, Tarrant County;
WHEREAS, Georgian Oaks, LLC (the Development Owner or Owner) is requesting a waiver of 10 TAC §11.101(b)(4)(D) and (N), the requirements for screens on all operable windows and for Energy-Star or equivalently rated windows as Mandatory Development Amenities only for the historic building in the Development;
WHEREAS, 10 TAC §11.101(b)(4) states that the Board may waive one or more of the requirements of the paragraph for Developments that will include Historic Tax Credits, with evidence that the amenity has not been approved by the Texas Historical Commission or the National Park Service, as applicable;
WHEREAS, the Owner provided a letter dated July 15, 2026, from the Texas Historical Commission citing that the project is subject to the Secretary of the Interior’s Standards for Rehabilitation, does not approve window screens nor Energy Star windows for this historic building, and supporting the waiver request; and
WHEREAS, the requested waiver does not negatively affect the Development, impact the viability of the transaction, impact Tex. Gov't Code §§2306.001, 2306.002, 2306.359, and 2306.6701, or affect the amount of the tax credits awarded;
NOW, therefore, it is hereby
RESOLVED, that the waiver of 10 TAC §11.101(b)(4)(D) and (N) for the historic building at Georgian Oaks is approved as presented to this meeting, and the Executive Director and his designees are each authorized, directed, and empowered to take all necessary action to effectuate the foregoing.
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BACKGROUND
Georgian Oaks received a 9% Housing Tax Credit award in 2024 and a reallocation of tax credits under Force Majeure in 2025 for the adaptive reuse and new construction of 100 units, of which all are low-income units, for the elderly in Fort Worth, Tarrant County. The main building is a historic structure originally built as a storage warehouse 1917 that is proposed to have 75 residential units, and there is a second new construction building proposed on the site that will have 25 units. As an adaptive reuse historic application receiving historic tax credits, the existing building is required to receive approval through the Texas Historical Commission and National Park Service. The Secretary of the Interior's Standards for Rehabilitation state that the repair of existing windows is the preferred treatment, with replacement limited only to windows that are determined to be beyond repair due to deterioration or damage. The historic 1917 building currently retains its original windows; however, the original windows do not achieve an Energy Star or equivalent rating. Additionally, the building did not historically incorporate window screens. The historic review has determined that both Energy Star windows and window screens would not be compatible with the building’s historical character. In a letter dated July 24, 2026, Megan Lasch, a representative of the Owner, requested a waiver of 10 TAC §11.101(b)(4)(D) and (N), the requirements for screens on all operable windows and for Energy-Star or equivalently rated windows as Mandatory Development Amenities only for the historic building in the Development. The new construction building will meet the requirements with Energy-Star or equivalently rated windows and window screens on all operable windows.
Per 10 TAC §11.101(b)(4), the Board may waive one or more of the requirements of this paragraph for Developments that will include Historic Tax Credits, with evidence submitted with the request for amendment that the amenity has not been approved by the Texas Historical Commission or National Park Service, as applicable. The Owner submitted a letter as of July 15, 2026, from the Texas Historical Commission describing the historical characteristics of the windows in the building and confirming that Energy Star rated windows and window screens are not approved to be installed.
The good cause for this change is to comply with historic requirements. It was unknown at the time of application which window standards would be approved by the Texas Historical Commission and National Park Service. This change is necessary to maintain compliance with historic tax credit requirements. There is no impact to overall development costs.
Staff recommends granting of the waiver of 10 TAC §11.101(b)(4)(D) and (N) for the historic building in the Development as presented herein.