Header:
TEXAS ADMINISTRATIVE CODE
TITLE 10. COMMUNITY DEVELOPMENT
PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CHAPTER 12. MULTIFAMILY HOUSING REVENUE BOND RULES
Date:
03/17/2014
Document:
§ 12.6. Pre-Application Scoring Criteria
The section identifies the scoring criteria used in evaluating and ranking pre-applications. The criteria identified below include those items required under Texas Government Code, § 2306.359 and other criteria considered im-portant by the Department. Any scoring items that require supplemental information to substantiate points must be submitted in the pre-application, as further outlined in the Multifamily Bond Pre-Application Procedures Manual. Ap-plicants proposing multiple sites will be required to submit a separate pre-application for each Development Site. Each Development Site will be scored on its own merits and the final score will be determined based on an average of all of the individual scores.
(1) Income and Rent Levels of the Tenants. Pre-applications may qualify for up to (10 points) for this item.
(A) Priority 1 designation includes one of clauses (i) - (iii) of this subparagraph. (10 points) (i) Set aside 50 percent of Units rent capped at 50 percent AMGI and the remaining 50 percent of units rents capped at 60 percent AMGI; or (ii) Set aside 15 percent of units rent capped at 30 percent AMGI and the remaining 85 percent of units rent capped at 60 percent AMGI; or (iii) Set aside 100 percent of units rent capped at 60 percent AMGI for Developments located in a census tract with a median income that is higher than the median income of the county, MSA or PMSA in which the census tract is located.
(B) Priority 2 designation requires the set aside of at least 80 percent of the Units capped at 60 percent AMGI. (7 points)
(C) Priority 3 designation. Includes any qualified residential rental development. Market rate units can be included under this priority. (5 points)
(2) Cost of the Development by Square Foot. (1 point) For this item, costs shall be defined as Hard Costs as repre-sented in the Development Cost Schedule provided in the pre-application. This calculation does not include indirect construction costs. Pre-applications that do not exceed $ 95 per square foot of Net Rentable Area will receive one (1) point. Rehabilitation will automatically receive (1 point).
(3) Unit Sizes. (5 points) The Development must meet the minimum requirements identified in this subparagraph to qualify for points. Points for this item will be automatically granted for Applications involving Rehabilitation (excluding Reconstruction).
(A) five-hundred-fifty (550) square feet for an Efficiency Unit;
(B) six-hundred-fifty (650) square feet for a one Bedroom Unit;
(C) eight-hundred-fifty (850) square feet for a two Bedroom Unit;
(D) one-thousand-fifty (1,050) square feet for a three Bedroom Unit; and
(E) one-thousand, two-hundred-fifty (1,250) square feet for a four Bedroom Unit.
(4) Extended Affordability. (2 points) A pre-application may qualify for points under this item for Development Owners that are willing to extend the Affordability Period for a Development to a total of thirty-five (35) years.
(5) Unit and Development Features. A minimum of (7 points) must be selected, as certified in the pre-application, for providing specific amenity and quality features in every Unit at no extra charge to the tenant. The amenities and corresponding point structure is provided in § 10.101(b)(6)(B) of this title (relating to Site and Development Require-ments and Restrictions). The amenities selected at pre-application may change at Application so long as the overall point structure remains the same. The points selected at pre-application and/or Application and corresponding list of amenities will be required to be identified in the LURA and the points selected must be maintained throughout the Compliance Period. Applications involving scattered site Developments must have a specific amenity located within each Unit to receive points. Rehabilitation Developments will start with a base score of (3 points).
(6) Common Amenities. All Developments must provide at least the minimum threshold of points for common amenities based on the total number of Units in the Development as provided in subparagraphs (A) - (F) of this para-graph. The common amenities include those listed in § 10.101(b)(5) of this title. For Developments with 41 Units or more, at least two (2) of the required threshold points must come from the Green Building Features as identified in § 10.101(b)(5)(C)(xxxi) of this title. The amenities must be for the benefit of all tenants and made available throughout normal business hours. If fees in addition to rent are charged for amenities, then the amenity may not be included among those provided to satisfy the threshold requirement. All amenities must meet accessibility standards and spaces for activities must be sized appropriately to serve the proposed Target Population. Some amenities may be restricted to a specific Target Population. An amenity can only receive points once; therefore combined functions (a library which is part of a community room) can only receive points under one category. Applications for non-contiguous scattered site housing, excluding non-contiguous single family sites, will have the threshold test applied based on the number of Units per individual site, and will have to identify in the LURA which amenities are at each individual site.
(A) Developments with 16 to 40 Units must qualify for (4 points);
(B) Developments with 41 to 76 Units must qualify for (7 points);
(C) Developments with 77 to 99 Units must qualify for (10 points);
(D) Developments with 100 to 149 Units must qualify for (14 points);
(E) Developments with 150 to 199 Units must qualify for (18 points); or
(F) Developments with 200 or more Units must qualify for (22 points).
(7) Tenant Services. (8 points) By electing points, the Applicant certifies that the Development will provide sup-portive services, which are listed in § 10.101(b)(7) of this title, appropriate for the proposed tenants and that there will be adequate space for the intended services. The provision and complete list of supportive services will be included in the LURA. The Owner may change, from time to time, the services offered; however, the overall points as selected at Application must remain the same. No fees may be charged to the tenants for any of the services. Services must be provided on-site or transportation to those off-site services identified on the list must be provided. The same service may not be used for more than one scoring item.
(8) Underserved Area. An Application may qualify to receive up to (2 points) for general population Developments located in a Colonia, Economically Distressed Area, or Place, or if outside of the boundaries of any Place, a county that has never received a competitive tax credit allocation or a 4 percent non-competitive tax credit allocation for a De-velopment that remains an active tax credit development.
(9) Development Support/Opposition. (Maximum +24 to -24 points) Each letter will receive a maximum of +3 to -3 and must be received ten (10) business days prior to the date of the Board meeting at which the pre-application will be considered. Letters must clearly state support or opposition to the specific Development. State Representatives or Senators as well as local elected officials to be considered are those in office at the time the pre-application is submit-ted and represent the district containing the proposed Development Site. Letters of support from State or local elected officials that do not represent the district containing the proposed Development Site will not qualify for points under this exhibit. Neutral letters, letters that do not specifically refer to the Development or do not explicitly state support will receive (zero (0) points). A letter that does not directly express support but expresses it indirectly by inference (i.e., a letter that says "the local jurisdiction supports the Development and I support the local jurisdiction") will be treated as a neutral letter.
(A) State Senator and State Representative of the districts whose boundaries include the proposed Development Site;
(B) Mayor of the municipality (if the Development is within a municipality or its extraterritorial jurisdiction);
(C) All elected members of the Governing Body of the municipality (if the Development is within a municipality or its extraterritorial jurisdiction);
(D) Presiding officer of the Governing Body of the county in which the Development Site is located;
(E) All elected members of the Governing Body of the county in which the Development Site is located;
(F) Superintendent of the school district in which the Development Site is located; and
(G) Presiding officer of the board of trustees of the school district in which the Development Site is located.
(10) Preservation Initiative. (10 points) Preservation Developments, including rehabilitation proposals on proper-ties which are nearing expiration of an existing affordability requirement within the next two (2) years or for which there has been a rent restriction requirement in the past ten (10) years may qualify for points under this item. Evi-dence must be submitted in the pre-application.
(11) Declared Disaster Areas. (7 points) If at the time the complete pre-application is submitted or at any time within the two-year period preceding the date of submission, the proposed Development Site is located in an area declared to be a disaster area under Texas Government Code, § 418.014. This includes federal, state, and Governor declared disaster areas.
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