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Presentation, discussion, and possible action regarding a waiver of 10 TAC §11.101(b)(4)(D) for Granada Apartments (HTC #21425)
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RECOMMENDED ACTION
recommendation
WHEREAS, Granada Apartments (the Development) received a 4% Housing Tax Credit (HTC) award in 2021 for the rehabilitation of 265 low-income units for the elderly in San Antonio, Bexar County;
WHEREAS, LIV Granada, 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 June 8, 2023, 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 Granada 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
Granada Apartments received a 4% Housing Tax Credit award in 2021 for the rehabilitation of 265 low-income units for the elderly in San Antonio, Bexar County. All units in the Development are located in a single, 14-story building that is listed in the National Register of Historic Places. Rehabilitation of the Development has been completed, and the cost certification 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 to date.
In a letter dated July 9, 2025, Patrick Biernacki, 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. A letter from the Texas Historical Commission dated June 8, 2023, was submitted in support of the waiver request. This letter states that the building was constructed in 1926 and is listed in the National Register of Historic Places as a contributing resource to the San Antonio River Walk Historic District. It was noted that existing windows throughout the upper floors of the building are modern aluminum windows, as the original wood windows were removed and replaced at some point in the late 20th century. This already represents a loss of historic character. The letter from the Texas Historical Commission states that the applicant did not replace these aluminum windows as part of this project, nor were they required to; however, the Standards for Rehabilitation do not permit the Owner to further damage to the character of the windows beyond the work previously done. Such work would threaten the project’s compliance with the historic tax credit programs. The Owner indicated that in total 725 operable windows would be affected.
Staff recommends approval of the waiver request as presented herein.