The TDHCA convened its board meeting at 9am, December 9th, 2021 at the John H. Regan Building, JHR 140 1400 Congress Ave Austin, Texas 78701
December 9th Meeting Summary
CALL TO ORDER ROLL CALL Leo Vasquez, Chair CERTIFICATION OF QUORUM
Called to order 9:10am. Braden; Thomason absent.
CONSENT AGENDA approved.
ITEM 1: APPROVAL OF THE FOLLOWING ITEMS PRESENTED IN THE BOARD MATERIALS:
EXECUTIVE REPORT
a) Presentation, discussion, and possible action on Board meeting minutes summary for November 10, 2021 Beau Eccles Board Secretary
ASSET MANAGEMENT
b) Presentation, discussion, and possible action regarding a Material Amendment to the Housing Tax Credit Application
- 18018 Columbia Renaissance Square II Senior Fort Worth
- 20077 Lockwood South Houston
- 20419 Woodway Village Apartments Austin
- 20449 EMLI at Pecan Creek Aubrey
BOND FINANCE
c) Presentation, discussion, and possible action on Inducement Resolution No. 22-011 for Multifamily Housing Revenue Bonds Regarding Authorization for Filing Applications for Private Activity Bond Authority for The Reserves (#22605) in Seagoville
d) Presentation, discussion, and possible action on Resolution No. 22-012 authorizing the filing of one or more applications for reservation with the Texas Bond Review Board with respect to qualified mortgage bonds, authorizing state debt application, and containing other provisions relating to the subject
RULES
e) Presentation, discussion, and possible action on an order adopting the amendment of 10 TAC Chapter 1, Subchapter A, General Policies and Procedures, §1.3, Sick Leave Pool; and an order directing its publication in the Texas Register
f) Presentation, discussion, and possible action on an order adopting the repeal of 10 TAC Chapter 5, Section 8 Housing Choice Voucher Program, §5.801, Project Access Initiative; adopting new 10 TAC Chapter 5, Section 8 Housing Choice Voucher Program, §5.801, Project Access Initiative; and directing their publication in the Texas Register
g) Presentation, discussion, and possible action on the draft 2022 State of Texas Low Income Housing Plan and Annual Report; proposed repeal of 10 TAC Chapter 1, Subchapter A, General Policies and Procedures, §1.23 concerning State of Texas Low Income Housing Plan and Annual Report; proposed new 10 TAC Chapter 1, Subchapter A, General Policies and Procedures, §1.23 concerning State of Texas Low Income Housing Plan and Annual Report; and directing their publication for public comment in the Texas Register
h) Presentation, discussion, and possible action on an order proposing the repeal of 10 TAC Chapter 27, Texas First Time Homebuyer Program Rule; proposing new 10 TAC Chapter 27, Texas First Time Homebuyer Program Rule; and directing their publication for public comment in the Texas Register
i) Presentation, discussion, and possible action on an order proposing the repeal of 10 TAC Chapter 28, Taxable Mortgage Program; proposing new 10 TAC Chapter 28, Taxable Mortgage Program; and directing their publication for public comment in the Texas Register
j) Presentation, discussion, and possible action on an order adopting new 10 TAC Chapter 20, Single Family Programs Umbrella Rule, and directing its publication for adoption in the Texas Register
k) Presentation, discussion, and possible action on an order adopting new 10 TAC Chapter 21, Minimum Energy Efficiency Requirements for Single Family Construction Activities, and directing their publication for adoption in the Texas Register
l) Presentation, discussion, and possible action on an order adopting new 10 TAC Chapter 21, Minimum Energy Efficiency Requirements for Single Family Construction Activities, and directing their publication for adoption in the Texas Register
m) Presentation, discussion, and possible action on an order adopting new 10 TAC Chapter 25, Colonia Self-Help Center Rule, and directing its publication for adoption in the Texas Register
n) Presentation, discussion, and possible action on an order adopting new 10 TAC Chapter 26, Texas Housing Trust Fund Rule, and directing its publication for adoption in the Texas Register
MULTIFAMILY FINANCE
o) Presentation, discussion, and possible action regarding a waiver of 10 TAC §11.101(b)(8)(B) relating to visitability requirements associated with Franklin Place (#21468) and Mesa Place (#21469)
p) Presentation, discussion, and possible action regarding the approval for publication in the Texas Register of the 2022-1 Multifamily Direct Loan Notice of Funding Availability
q) Presentation, discussion, and possible action regarding a Material Amendment of the Housing Tax Credit Application for The Palms at Blucher Park (HTC #21186)
r) Presentation, discussion, and possible action to adopt the 2022 Multifamily Programs Application Procedures Manual
COMMUNITY AFFAIRS
s) Presentation, discussion, and possible action regarding authorization to release a Notice of Funding Availability for 2022 Community Services Block Grant Discretionary funds for education and employment initiatives for Native American and migrant seasonal farm worker populations
LEGAL
t) Presentation, discussion, and possible action regarding the adoption of an Agreed Final Order concerning related properties Villa Elaina (HTF 853338 / CMTS 4210) and The Cornerstone (HTF 1000358 / CMTS 4319)
u) Presentation, discussion, and possible action regarding the adoption of an Agreed Final Order concerning Mission Pointe Club f/k/a Country Villa (HTC 91040 / CMTS 958)
TEXAS HOMEOWNERSHIP
v) Presentation, discussion, and possible action on the Participating Lender List for the Single Family Mortgage Loan and Mortgage Credit Certificate Programs
CONSENT AGENDA REPORT ITEMS
ITEM 2: THE BOARD ACCEPTS THE FOLLOWING REPORTS:
a) Media Analysis and Outreach Report (October 2021) Michael Lyttle Director of External Affairs
b) Report on Activities Related to the Department’s Response to COVID-19 Pandemic Brooke Boston Deputy Director of Programs
c) Report on the Draft Computation of House Finance Division Total and Unencumbered Fund Balances and Transfers to the Housing Trust Fund Joe Guevara Director of Financial Administration
ACTION ITEMS
Executive Session: the Chair may call an Executive Session at this point in the agenda in accordance with the below-cited provisions Leo Vasquez Chair.
No executive session was called
ITEM 3: EXECUTIVE
Executive Director’s Report Bobby Wilkinson Executive Director, TDHCA
- Texas Rent Relief Fund– Near the End of the disbursement for the rent and utility funds. $1.7 billion out of the $1.9 dispersed. Currently $20 million dispersed per day, it’s matter of weeks till they are out of funds. Substantial amount of relief is done. – Asked treasury for additional $3 billion… will probably not provide. Fund assisted 300,000 households. Texas is #1 in the nation.
- QAP Approved in December
- J. Adams the new director of real estate analysis – underwriting
Compliance- during COVID they were waiving all final and physical inspections – that is about to end and go back to normal. Waived 150 final inspections during COVID – will start and complete them soon.
ITEM 4: INTERNAL AUDIT
a) Report on the meeting of the Internal Audit and Finance Committee; Ajay Thomas, Chair of Audit and Finance Committee
Motion: Marchant; Second Thomas;
b) Presentation, discussion and possible approvals of the Annual Internal Audit Plan for Fiscal year 2022; Mark Scott, Director of Internal Audit
Motion: Marchant; Second Thomas; approved
ITEM 5: HOME AMERICAN RESCUE PLAN
Presentation, discussion and possible action on approval of a Draft HOME-ARP Plan to be released for public comment and to release Notices of Funding Availability after Plan acceptance; Naomi Cantu, Director of HOME ARP.
ITEM 6: BOND FINANCE
a) Presentation, discussion, and possible action on Resolution No. 22-013 authorizing the issuance, sale and delivery of Texas Department of Housing and Community Affairs Residential Mortgage Revenue Bonds, Series 2022A, approving the form and substance of related documents, authorizing the execution of documents and instruments necessary or convenient to carry out the purposes of this resolution, and containing other provisions relating to the subject; Monica Galuski, Director of Bond Finance
- Requesting up to $190 million in tax-exempt mortgage revenue bonds for low to moderate home buyers
- Department contribution will not exceed $10 million – capitalized interest is predicted around $2 million. $5.5 cap I
Motion: Marchant; Second Braden; approved
b) Quarterly report relating to staff-issued Determination Notices for 2021 Noncompetitive 4% Housing Tax Credit applications and summary of year-end activity; Teresa Morales, Director of Multifamily Bonds
- September – November: Staff has administrated 9 determination notices for 4% housing tax credit applications — 2,320 units. $21.21 million in annual 4% tax credits.
- In 2021, 16,682 units were produced. More than 2020.
Motion: Marchant; Second Braden; approved
ITEM 7: HOMEOWNERSHIP ASSISTANCE FUND
Presentation, discussion, and possible action on delegation of authority to the Department’s Executive Director or designee to make up to $8.5 million in awards to eligible organizations to provide outreach and application intake assistance for the Homeowner Assistance Fund
Motion: Marchant; Second: Batch; approved
ITEM 8: MULTIFAMILY FINANCE
a) Presentation, discussion, and possible action on a waiver of certain amenity requirements in 10 TAC §11.101(b)(4) (Commons at St. Anthony’s Application #20042 (HTC) and #21506 (MFDL)); Cody Campbell, Director of Multifamily Programs
- Anthony’s is a hospital being converted to low-income housing. The tax credit program has requirements in QAP. They need to provide energy star windows… However, they have applied for historic tax credits and they don’t require that. National Park Service is requiring the builder to match the original windows – ultimately it would go against the QAP requirements. Windows are going to be 15% less efficient but is the best option.
Motion: Braden; Second: Batch; approved.
b) Presentation, discussion, and possible action on timely filed appeal of allocation
procedures for 2022 supplemental Housing Tax Credits; Cody Campbell, Director of Multifamily Programs
Motion: Marchant; Second: Thomas; approved
c) Presentation, discussion, and possible action regarding an award from the Multifamily Direct Loan (MFDL) 2021-1 Notice of Funding Availability (NOFA), as amended; Charlotte Flickinger; Multifamily Direct Loan Manager
21515 Southton Apartment
- Recommending $3 million dollars in the national housing trust fund. Also, leveraging $1.8 million in opportunity zone program.
Motion: Thomas; Second: Marchant.; Board approves staff recommendation to make the award of multifamily direct loan funds
d) Presentation, discussion, and possible action regarding awards from the Multifamily Direct Loan (MFDL) 2021-3 Notice of Funding Availability (NOFA), as amended; Charlotte Flickinger; Multifamily Direct Loan Manager
21502 Lockwood South
21502 Avanti at Viking Hills
21502 Dallas Stemmons
21502 Palladium W. Francis
Motion: Braden; Second: Thomas; The Board approves staff recommendation on the four awards of multifamily direct loan funds, conditioned on the fact that the awardees won’t be seeking 2022 supplemental tax credits.
ITEM 9: MULTIFAMILY FINANCE
a) Presentation, discussion, and possible action regarding the adoption of a final order concerning termination of CEAP and CSBG funding and contracts, and CEAP Provider and CSBG Eligible Entity status, of Galveston County Community Action Council, Inc. (SOAH Docket #332-21-2743.HCA); Michael De Young, Director of Community Affairs
Motion: Braden; Second: Marchant; approved staff recommendation to adopt the final order of termination
b) Presentation, discussion, and possible action on the selection of subrecipients to administer the Low Income Home Energy Assistance Program Comprehensive Energy Assistance Program in Brazoria, Fort Bend, Galveston, and Wharton counties (the service area previously served by Galveston County Community Action Council, Inc.) ; Michael De Young, Director of Community Affairs
Motion: Braden; Second: Marchant; approved staff recommendation on the new CEAP providers
c) Presentation, discussion, and possible action regarding authorization to proceed with the procurement of a statewide weatherization provider to support the Weatherization Assistance Program in the provision of home weatherization assistance to low-income Texans, and authorization, if necessary, to amend the 2021 DOE WAP State Plan and the 2022 LIHEAP State Plan to effectuate the procurement of a statewide WAP provider and submit such amended Plans to the U.S. Department of Energy and U.S. Department of Health and Human Services; Michael De Young, Director of Community Affairs
Motion: Marchant; Second: Braden; approved staff recommendation
d) Presentation, discussion, and possible action regarding authorization to proceed with the procurement of a statewide Community Energy Assistance Program and Low Income Household Water Assistance Program provider to support sub-recipients in the provision of utility assistance to low-income Texans, and authorization to amend the 2022 LIHEAP State Plan and the LIHWAP State Plan to effectuate the procurement of a statewide CEAP and LIHWAP provider and submit such amended Plans to the U.S. Department of Health and Human Services; Michael De Young, Director of Community Affairs
Motion: Marchant; Second: Thomas; approved staff recommendation.
PUBLIC COMMENT ON MATTERS OTHER THAN ITEMS FOR WHICH THERE WERE POSTED AGENDA ITEMS
EXECUTIVE SESSION
The Board may go into Executive Session Pursuant to Tex. Gov’t Code §551.074 for the purposes of discussing personnel matters including to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee;
Next meeting. Thursday, January 13th.
Adjourned: 11:07am.