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Presentation, discussion, and possible action on a staff-initiated waiver of specific provisions of 10 TAC §11.9(e)(6)(B) for Applicants in the 2025 9% Housing Tax Credit round
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RECOMMENDED ACTION
recommendation
WHEREAS, the 2025 Qualified Allocation Plan (QAP) awards points to Applications that propose a Development within a Certified Historic Structure, and one of the qualifications for these points is that the Application must include documentation from the Texas Historical Commission that either confirming the Property is currently a Certified Historic Structure, or determining preliminary eligibility for Certified Historic Structure status;
WHEREAS, The Texas Historical Commission has indicated that it may not be possible to issue all needed documentation by the Full Application Delivery Date of February 28, 2025; and
WHEREAS, 10 TAC §11.207 allows for staff to initiate waivers to address facets of an Application that have not been contemplated, and such a waiver is being sought to allow Applicants with pending timely submitted Texas Historic Commission requests to remain competitive;
NOW, therefore, it is hereby
RESOLVED, that the waiver of 10 TAC §11.9(e)(6)(B) for the 2025 competitive Housing Tax Credit round is hereby granted, allowing Applicants that can demonstrate timely application for Texas Historical Commission determinations to remain eligible for points related to Historic Preservation so long as the Applications meet the requirements detailed below.
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BACKGROUND
The QAP awards five points to Applications that propose a Development within a Historic Structure, so long as certain criteria related to the design of the Development and the certification of the building are met. To be eligible for these points, The Application must include either documentation from the Texas Historical Commission that the Property is currently a Certified Historic Structure, or documentation determining preliminary eligibility for Certified Historic Structure status and evidence that the Texas Historic Commission received the request for determination of preliminary eligibility and supporting information on or before February 1 of the current year.
Submission to the Texas Historic Commission by February 1, as required in rule, historically provided sufficient time for the determination of preliminary eligibility to occur prior to the End of the Application Acceptance Period and the Full Application Delivery date. For 2025, requests that were submitted timely to the Texas Historical Commission in accordance with the QAP are at risk of not being issued by the Full Application Delivery Date of February 28, 2025.
Because these delays could not have been reasonably foreseen, prevented, or mitigated by potential tax credit Applicants, staff is recommending a waiver in accordance with 10 TAC §11.207 to allow any Applicant affected by these delays to remain eligible for points related to Historic Preservation so long as the following requirements are met:
• The request was filed with the Texas Historic Commission on or before February 1st 2025.
• The Application is otherwise eligible for the points.
• A determination of preliminary eligibility for Certified Historic Structure status is provided to the Department no later than April 1, 2025.
The only requirement of the rule that is proposed to be waived is that the Application must include either documentation from the Texas Historical Commission that the Property is currently a Certified Historic Structure, or documentation determining preliminary eligibility for Certified Historic Structure status by the Full Application Delivery Date. All other requirements of the rule remain in effect.