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Presentation, discussion, and possible action regarding a Material Amendment to the Housing Tax Credit Application for Heritage Senior Residences (HTC #20204/22970)
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RECOMMENDED ACTION
recommendation
WHEREAS, Heritage Senior Residences (Development) received an award of 9% Housing Tax Credits (HTCs) in 2020 and Supplemental Credits in 2022 for the new construction of 135 units, of which 94 units are designated as low-income units, in Houston, Harris County;
WHEREAS, Heritage Senior Residences, LP (Development Owner or Owner) requests approval to decrease the size of the Development site from 1.23 acres identified at Application to 1.1295 acres, due to the dedication for right-of-way, which results in an 8.90% increase in residential density from 109.76 units per acre to 119.52 units per acre;
WHEREAS, Board approval is required for a modification of the residential density of at least 5% as directed in Tex. Gov’t Code §2306.6712(d)(6) and 10 TAC §10.405(a)(4)(F), and the Owner has complied with the amendment requirements therein; and
WHEREAS, the requested change does not materially alter the Development in a negative manner, and would not have adversely affected the selection of the Application;
NOW, therefore, it is hereby
RESOLVED, that the requested material amendment to the Application for Heritage Senior Residences is approved as presented at this meeting, and the Executive Director and his designees are each authorized, directed, and empowered to take all necessary action to effectuate the Board’s determination.
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BACKGROUND
Heritage Senior Residences (HTC#20204/22970) received a 9% Housing Tax Credit (HTC) award in 2020 and Supplemental Credits in 2022 for the new construction of 135 units, of which 94 units are designated as low-income units, for the elderly in Houston, Harris County. Construction of the Development has been completed, and the cost certification documentation is currently under review by the Department.
Based on a review of the cost certification, it was determined that a greater than 5% change in residential density had occurred from the representation at initial Application to the time of the Cost Certification. In a letter dated September 18, 2025, Brian Jaffe, the representative for the Development Owner, requested approval to modify the total acreage to represent the actual size of the Development site due to the dedication of land for right-of-way.
At the time of Application, the original Development site was identified as 1.23 acres. However, at cost certification, the site is 1.1295 acres. The difference between the acreage identified at application and the final acreage is attributable to approximately 0.10 acre that was required to be dedicated to the City of Houston as a public right-of-way during the permitting and entitlement process, in order to construct improvements to the sidewalk, drainage, and landscaping areas. The change results in an 8.90% increase in residential density from 109.76 units per acre to 119.52 units per acre. Board approval is required for a modification of the residential density of at least 5% as directed in Tex. Gov’t Code §2306.6712 (d)(6) and 10 TAC §10.405(a)(4)(F).
While the overall density increased due to the reduction in the Development site acreage, none of the living areas themselves have become more dense. The building spacing, public use areas, number of units, play areas, and parking areas remain consistent with what was proposed at Application through the completion of construction.
Staff has reviewed the original Application against this amendment request and has concluded that the change described above would not have affected the award. The final tax credit recommendation will be determined upon finalization of the cost certification review process.
Staff recommends approval of the requested material amendment to the Application, and if approved, the Land Use Restriction Agreement will be amended to reflect the revised acreage.