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Presentation, discussion, and possible action regarding a waiver of 10 TAC §11.101(b)(4)(D) for Aurora Apartments (HTC #22403)
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RECOMMENDED ACTION
recommendation
WHEREAS, Aurora Apartments (the Development) received a 4% Housing Tax Credit (HTC) award in 2022 for the acquisition and rehabilitation of 105 low-income units for the elderly in San Antonio, Bexar County;
WHEREAS, Aurora Preservation, LP (the Development Owner or Owner) is requesting a waiver for 10 TAC §11.101(b)(4)(D), which is the requirement for screens on all operable windows as a Mandatory Development Amenity for all Rehabilitation Developments;
WHEREAS, 10 TAC §11.101(b)(4) further states that the Board may waive one or more of the requirements of the paragraph for Developments that 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 March 5, 2026, from the Texas Historical Commission citing that the project was subject to the Secretary of the Interior’s Standards for Rehabilitation, does not recommend window screens for this historic building, and further supports 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 request for Aurora Apartments 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
Aurora Apartments received a 4% Housing Tax Credit award in 2022 for the acquisition and rehabilitation of 105 low-income units for the elderly in San Antonio, Bexar County. All units in the Development are located in a single, 11-story building that is listed in the National Register of Historic Places. Rehabilitation of the Development has been completed, and the cost certification documentation for the Development is currently under review by the Department. During the review of the cost certification, it was determined that the waiver for this mandatory amenity had not been requested.
In a letter dated February 12, 2026, Catherine Fennell, a representative of the Owner, requested a waiver of 10 TAC §11.101(b)(4)(D), which requires screens on all operable windows as a mandatory amenity for rehabilitation developments. 10 TAC §11.101(b)(4) further states that the Board may waive one or more of the requirements of the paragraph for Developments that 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. A letter from the Texas Historical Commission dated March 5, 2026, was submitted in support of the waiver request. This letter states that the building is listed in the National Register of Historic Places as one of South Texas’ most luxurious residential high rises at the time of its construction in 1930 and incorporates an eclectic mix of Spanish Revival, Beaux Arts, and Gothic Revival design influences. The letter from the Texas Historical Commission states that there were no window screens historically present on the building, and that installation of window screens would present a difficult design challenge and would detract from the character of the building. Such work would threaten the project’s compliance with the historic tax credit programs.
Staff recommends approval of the waiver request as presented herein.