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Report on Third Party Requests for Administrative Deficiency under 10 TAC ?11.10
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BACKGROUND
Pursuant to 10 TAC ?11.10 of the 2024 Qualified Allocation Plan related to Third Party Requests for Administrative Deficiency (RFAD), an unrelated person or entity may bring new, material information about an Application to staff's attention. Third parties may request that staff consider whether an Application should be the subject of an Administrative Deficiency, based on the information submitted with the request. At the time of filing the request, requestors must provide all briefings, documentation, and other information that the requestor offers in support of the deficiency. Requestors must provide sufficient credible evidence that, if confirmed, would substantiate the deficiency request. Assertions not accompanied by supporting documentation susceptible to confirmation will not be considered. The deadline for submission of RFADs was May 3, 2024, and 19 RFADs were submitted by this date.
The following describes the staff determinations for 2024 Competitive Housing Tax Credit (HTC) RFADs received which presented new, material information not present in the Application, and reflects all determinations on active applications made as of June 8, 2024. All requests referenced herein were received and reviewed in accordance with 10 TAC ?11.10. Where staff determined that the request substantiated the issuance of a Notice of Administrative Deficiency for the Application, the Applicant was provided the opportunity to respond to the submitted request. Staff has reviewed both the request and response in making its determination.
RFADs are required to present new, material information in order to be considered. In accordance with 10 TAC ?11.10(c):
If the assertion(s) in the RFAD describe matters that are part of the Application review process, and the RFAD does not contain information not present in the Application, staff will not review or act on it.
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