TDHCA November 2022 Meeting Highlights

The TDHCA convened its board meeting at 10:02 am on November 10, 2022, at the Capital Extension, Hearing Room E2.030, 1100 Congress Avenue, Austin, Texas 78701

November 10 Meeting Summary

TAAHP Staff attended the board meeting and summarized its main takeaways. TDHCA has uploaded the video recording if you would like to watch full meeting.

EXECUTIVE DIRECTOR’S REPORT

Bobby Wilkinson, Executive Director

Homeowner assistance fund (HAF) is active. The HAF program is federally funded that can help Texan residents with overdue mortgage payments, property tax, homeowners’ insurance, HOA fees and now recently utilities assistance. Half has been funded or approved. TDHCA has disbursed $215.6 million, serving 22,000 applicants. $6.5 million in process. Average assistance amount is over $9,900 per applicant.
The Texas Utility Help program is available to homeowners and renters, and its past due utility payments plus up to 2,400 in future payments. And to qualify, household income must be at or below 150% of federal poverty income, which is a much lower threshold than the percent AMI. And at least one occupant in the household must be a U.S. citizen or qualified alien. It’s a federal requirement.
Texas Rent Relief program still exists. TDHCA recently received a notice from Treasury that they will receive an additional $67 million in reallocated ERA funds. TDHCA will continue processing existing applications in the order received. This is not the last of the reallocations. TDHCA hopes to open the portal once the previous applications are processed.
Texas Supreme Court emergency order establishing eviction dispersion program extended through January 2023.
The Compliance Division hosted a virtual training on October 25th focused on monitoring and inspection requirements for developments that have completed the first 15 years of the affordability. You can view the training on TDHCA Youtube Channel.
The 2023 Qualified Allocation Plan (QAP) is due to the governor’s office from this board by November 15th. The governor will then sign, disapprove or modify by December 1st.

ITEM 7: RULES

A) Presentation, discussion, and possible action on an order adopting the repeal of 10 TAC Chapter 12, concerning the Multifamily Housing Revenue Bond Rules, and an order adopting new 10 TAC Chapter 12 concerning the Multifamily Housing Revenue Bond Rules, and directing its publication in the Texas Register
TERESA MORALES; DIRECTOR OF MULTIFAMILY BONDS

The multifamily housing revenue bond rule governance applications where the department is serving as the bond issuer. The rule speaks to the general process of the bond issuance with an emphasis on the pre application component that requires scoring in addition to threshold and some eligibility. The proposed changes primarily included modifications to existing scoring items and introduced a new scoring item, Assisting Households with Children. Redlined 2023 Multifamily Bond Rules Provided in 11.10.22 Board Meeting Book
The Board approved the proposed changes to Chapter 12 regarding the 2023 Multifamily Housing Revenue Bond Rules (the Bond Rules) at the Board meeting on September 1, 2022, to be published in the Texas Register for public comment. The Department received comment from three commenters relating to the Bond Rules. See staff response to comments here.
§12.6(14) – Pre‐Application Scoring Criteria; Assisting Households with Children (1)
- One commenter requested that rehab developments and elderly developments be exempt, essentially meaning that those applications would automatically get the point so as to not just advantage this construction type. Staff is recommending that that change be granted.

Motion passes

B) Presentation, discussion, and possible action on the adoption of the repeal of 10 TAC Chapter 11 concerning the Housing Tax Credit Program Qualified Allocation Plan, adoption of new 10 TAC Chapter 11 concerning the Housing Tax Credit Program Qualified Allocation Plan, and directing their publication for adoption in the Texas Register
CODY CAMPBELL; DIRECTOR OF MULTIFAMILY PROGRAMS

The 2023 QAP provided in the board book – Redlined 2023 QAP Provided in 11.10.22 Board Meeting Book– is substantially similar to the version that was approved for public comment in September and introduces no significant new concepts. The changes made to it are largely clerical, administrative, or relatively small changes. See here for a TDHCA Summary of Proposed 2023 QAP Changes.
The 2023 QAP went through two rounds of revisions this year, with an informal first draft of the QAP released for comment earlier this year. This year’s comments were accepted on that early draft and responsive edits were made prior to September meeting. This likely explains why staff received fewer comments and made fewer changes than what has typically been done in the past. Staff anticipates continuing this process in the future. Roundtable discussions and work groups for the 2024 QAP will begin this spring.

TDHCA Staff recommended changes:

§11.8(b)(2)(C) Pre-Application Notification Contents
- Staff suggests removing the re-renotification requirement, as at the time of pre-application, development sites do not have a survey of Applicants. The county or assumed acreage might be incorrect at pre-application and could result in a density change, which ultimately terminates an application.
- Change: Staff has included a responsive revision regarding the renotification requirement.
Neighborhood Risk Factor: Required Mitigation for schools with low ratings.
- Background: If an application is proposed in the attendance zone of one of these schools with a low rating, certain mitigation actions are required. Among these requirements, the applicant must commit to providing an after-school Learning Center that offers a minimum of 15 hours per week of onsite education-based services. The header section of this part of the QAP requires that this mitigation be provided for the duration of the affordability period. However, the sub paragraph that addresses the after-school Learning Center states that it is only required until the school achieves an acceptable grade. This conflict and language were an oversight, and staff recommends that the after-school program be required for the duration of the affordability.
- Change: Staff recommends 10 TAC 11.101(a)(3)(D)(iii)(II) to be modified to delete the phrase, “until such time that the schools achieve a rating of A, B, or C.”

Public Comment on 2023 QAP

Foundation Communities Comments regarding 11.1001 ‐ Supplemental Housing Tax Credits: They ask that the 2023 QAP include a specific allowance for Developments that received a 2021 award and a 2022 forward commitment. These Developments are experiencing the same construction cost and interest rate increases as other 2021 Developments. Supported by another developer in the same situation.
Rural Rental Housing Association of Texas (RRHA) requests

1. Residents with Special Needs 11.4(c)(4)(B): Requested that the 2021 QAP language be reinstated and exempt USDA developments from these points.
2. Readiness to proceed 11.9(f)(9): Requested that TDHCA exempt USDA properties from this scoring item since these developments are rehabilitation of existing units and are not providing new units.
3. Neighborhood Risk Factors – Education Requirements – 11.01(a)(3): Requested that staff undelete this exemption for USDA properties that are already in existence. In their written letter to TDHCA, RRHA stated “Mitigation requirements for schools would be financially infeasible for most USDA developments because there is no budgetary items for education in a USDA budget.”

BETCO Consulting: Readiness to proceed to be tabled this year to give more time to explore different strategies.
National Church Residents – Request to make Readiness to Proceed points ineligible for At-Risk applicants. Most At-Risk transactions involve USDA or HUD – where unfortunately there has been long processing times.
Brownstone Group: Requested that Supplemental Tax Credits be available to developments who received force majeure in 2022 and Remove Readiness to Proceed
Atlantic Foundation: Remove Readiness to Proceed
Fort Worth HUD Neighborhood Choice Grant

1. One commenter expressed concerns with how it will affect the project set-asides in that region
2. Fort Worth Housing Solutions & Purple Martin Real Estate: Very competitive to get awarded a Neighborhood Choice Grant. They must deliver a certain # of units under a strict timeline for HUD. Because of the QAP dispersion requirements- it is impossible for a Neighborhood Choice Area to receive tax credits in subsequent phases and not every phase will use 9% tax credits.

Final Changes

TDHCA Staff Request: Revise §11.8(b)(2)(C) Pre-Application Notification Contents in relation to density (see above)
TDHCA Staff Request: – Modify mitigation for schools with low ratings (see above)
Grant a readiness to proceed exemption for At-Risk applications.
School mitigation requirements for USDA applications if already in existence.
Supplemental credits are eligible those 2 projects where forward commitments were awarded in 2021 but the housing tax credits came out of the 2022 ceiling.

Public Comment Prior to November 10th Board Meeting

TDHCA staff received 27 Comment Letters regarding the 2023 QAP Draft prior to the November 10th board meeting. Staff has prepared a reasoned response to those comments summarized in the preambles attached, and where applicable, has proposed responsive revisions for adoption.

The next TDHCA board meeting is on December 8, 2022.