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Presentation, discussion, and possible action regarding a waiver of 10 TAC ?11.101(b)(4)(D) and (N) for Moore Grocery Lofts (HTC #24136)
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RECOMMENDED ACTION
recommendation
WHEREAS, Moore Grocery Lofts (the Development) received a 9% Housing Tax Credit (HTC) award in 2024 for the acquisition and rehabilitation of 88 low-income units in Tyler, Smith County;
WHEREAS, Moore Grocery Lofts Rehab, LLC (the Development Owner or Owner) is requesting a waiver for 10 TAC ?11.101(b)(4)(D) and (N), which are the requirements for screens on all operable windows and the requirement for Energy-Star or equivalently rated windows as Mandatory Development Amenities, for the two historic buildings in the Development;
WHEREAS, the waiver request for the Energy-Star or equivalently rated windows for the two historic buildings is due to the difficulty in identifying and contracting with a window manufacturer that can meet the timing constraints associated with a competitive housing tax credit allocation;
WHEREAS, 10 TAC ?11.101(b)(4) 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 October 6, 2025, from the Texas Historical Commission citing that the Development was subject to the Secretary of the Interior's Standards for Rehabilitation and does not recommend window screens for the historic buildings and 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 in the historic buildings for the window screens, and Quaker Windows in the historic...
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