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Presentation, discussion, and possible action confirming obligations for those properties recommended for an award of competitive low income housing tax credits that sought and were awarded one point for committing at least an additional 2% of the total Units to Persons referred from the Continuum of Care or local homeless service providers to be made available for those experiencing homelessness under 10 TAC §11.9(c)(4) related to Residents with Special Housing Needs
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RECOMMENDED ACTION
recommendation
WHEREAS, pursuant to Internal Revenue Code §42(m)(1)(C)(v) related to application selection criteria, the selection criteria set forth in a qualified allocation plan must include tenant populations with special housing needs;
WHEREAS, the Qualified Allocation Plan provides the opportunity for applications to score points for serving residents with special housing needs under 10 TAC §11.9(c)(4); and
WHEREAS, in order to score one point under 10 TAC §11.9(c)(4)(B), a Development must commit at least an additional 2% of the total Units to Persons referred from the Continuum of Care or local homeless service providers to be made available for those experiencing homelessness.
NOW, therefore, it is hereby
RESOLVED, that each of the applications listed below has sought and been awarded one point under 10 TAC §11.9(c)(4)(B) for committing to provide at least an additional 2% of the total Units to Persons referred from the Continuum of Care or local homeless service providers to be made available for those experiencing homelessness;
FURTHER RESOLVED, that it is a condition of an award of competitive low income housing tax credits for these applications and any application subsequently awarded from the Board approved waiting list for which this scoring item applies that such commitment will be included in a land use restriction agreement with the Department; and
FURTHER RESOLVED, that nothing herein obligates a property to uphold such commitment if it sought and was awarded one point for such commitment but does not receive a competitive low income housing tax credit award in the current application round, including an award by way of the Board approved waiting list.
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BACKGROUND
Pursuant to 10 TAC §11.9(c)(4)(B), in order to score an additional point:
(B) If the Development has committed units under subparagraph (A) of this paragraph, the Development must commit at least an additional 2% of the total Units to Persons referred from the Continuum of Care or local homeless service providers to be made available for those experiencing homelessness. Rejection of an applicant's tenancy for those referred may not be for reasons of credit history or prior rental payment history. Throughout the Compliance Period, unless otherwise permitted by the Department, the Development Owner agrees to specifically market the 2% of Units through the Continuum of Care and other homelessness providers local to the Development Site. In addition, the Department will require an initial minimum twelve-month period in Urban subregions, and an initial six-month period in Rural subregions, during which Units must either be occupied by Persons referred from the Continuum of Care or local homeless service providers, or held vacant, unless the Units receive HOME funds from any source. After the initial twelve-month or six-month period, the Development Owner will no longer be required to hold Units vacant but will be required to continue to provide quarterly notifications to the Continuum of Care and other homeless service providers local to the Development Site on the availability of Units at the Development Site. A Development is not eligible under this paragraph unless points have also been selected under subparagraph (A) of this paragraph. (1 point)
The applications that elected this scoring item and that are recommended for an award of competitive housing tax credits (in a separate item) are listed below. Any of these applications, and any application subsequently awarded from the waiting list for which this scoring item applies, will have as a condition of award of the tax credits, an inclusion of these requirements in a land use restriction agreement with the Department.