The Texas Department of Housing & Community Affairs (TDHCA) published a series of changes/waivers in response to the COVID-19 pandemic and Governor Abbott’s executive order:
- TDHCA has posted its guidance of Multifamily Programs.
- Due to expected rent shortages for landlords, TDHCA announced that it will not enforce its penalty, acceleration, or foreclosure options for nonpayment on multifamily notes issued by the agency for 60 days starting April 1, 2020 until May 31, 2020. This is a temporary policy decision. For questions, please contact your assigned Asset Manager, see list here.
- The agency’s compliance department has postponed the Uniform Physical Condition Standards (UPCS) inspections and final construction inspections for multifamily properties or weatherization inspections for Community Affairs programs until further notice. See notification release.
- The 2021/2022 QAP Workshop scheduled for Wednesday, March 25, 2020 is cancelled. The department will release several draft concepts electronically for the affordable housing development community to provide comment in the next several weeks.
The following waivers pertaining to statutory requirements have been granted by Governor Abbott for the Housing Tax Credit (HTC) program:
- Applications for non-competitive housing tax credits (4% program) regarding a resolution of no objection from the governing body.
- Applications for a proposed development that is located within one mile of another existing HTC development and proposes to serve the same target population
- Applications for a proposed development located in a municipality or county that has more than twice the state average of HTC or PAB supported units at the time the application is submitted.
Tenant Based Rental Assistance (TBRA) – Funding has been reallocated from federal programs to TBRA. Below are the specific waivers granted for the HOME program.
The Governor approved waivers:
- Tex Gov’t Code 2105.051 – 2105.057: Requirements related to preparation and amendment of plans for block grant funds.
- Tex Gov’t Code 2306.111(c)(1): Requires that 95% of HOME funds administered by TDHCA are expended outside of HOME Participating Jurisdictions
- Tex Gov’t Code 2306.111 and 2306.1115: Requirement to distribute HOME allocation through a regional allocation formula
TDHCA approved waivers:
- 10 TAC 23.27: Requirements that The number of TBRA reservations submitted by an Administrator for approval is limited to 30.
- 10 TAC 23.28(13): Requirement to submit a substantially complete request for the commitment or Reservation of funds.
- 10 TAC 23.60(a)(3): Requirement that all Applicants must show evidence that the Service Area includes the entire rural or urban area of a county, excluding Participating Jurisdictions.
- 10 TAC 23.61(a): Requirement that Households must participate in a self-sufficiency program
- 10 TAC 23.61 (C): Requirement Households certifying to zero income must also complete a questionnaire which includes a series of questions regarding how basic hygiene, dietary, transportation, and other living needs are met.
- 10 TAC 23.61(g): Requirement that Administrators must select 8 percent Direct Activity or 4 percent Direct Activity and $1200 in soft costs as administrative costs.