The TDHCA convened its board meeting at 10am, October 13, 2022 at the Capital Extension, Hearing Room E2.030, 1100 Congress Avenue, Austin, Texas 78701
October 13 Meeting Summary
TAAHP Staff attended the board meeting and have summarized its main takeaways. TDHCA has uploaded the video recording if you would like to watch the meeting.
EXECUTIVE DIRECTOR’S REPORT
Bobby Wilkinson, Executive Director
- Housing Assistance Fund Update – Has approved or funded for 18,500 applicants. Over 60% of those assisted are at 50% of AMI or below. More mortgage/utility assistance is expected and will be announced when it is available.
- Rent Relief – TDHCA continues to contact previous applicants already in line to be reviewed for assistance. TDHCA will continue serving clients as additional funding becomes available. They expect up to 4 additional rounds of funding from US Treasury for unused funds. Additional funds have been requested.
- To date, over $2B has been distributed, serving 310K households.
- Homeownership – Downpayment Assistance program promotion is ongoing with new brochures and programs to work with knowledgeable realtors. Mortgage products demand is increasing.
Wilkinson also discussed his testimony at the hearing held by the Senate Local Government Committee’s interim charge on affordable housing.
ACTION – AGENDA REPORT ITEMS
Report on the status of Coppertree Village in Houston
Director of Multifamily Compliance, Wendy Quackenbush, provided an update on the compliance status of this development due to its low scoring compliance. TDHCA has implemented accelerated inspections. The city has also been monitoring compliance improvements.
Conditions at Coppertree Village historically have been below standard; the Development has averaged a score of 62 out of 100 in six TDHCA inspections conducted since 2017. As a result of the accelerated inspection schedule and penalty actions, the UPCS scores improved.
COMMUNITY AFFAIRS
a) Presentation, discussion, and possible action authorizing staff to submit a Registration of Interest, and subsequent Application if applicable, to the U. S. Department of Housing and Urban Development to receive an allocation of Stability Vouchers funded by the Consolidated Appropriations Act, 2021, and to take other actions as needed to implement, if awarded, a Stability Voucher Program.
Director of Section 811 Program, Spencer Duran, discussed the availability of Stability Vouchers and TDHCA’s opportunity to request an allocation. If the Department is successful in receiving an allocation of Stability Vouchers, they intend to use them in a project-based format for all or most of the vouchers to attract properties to assist this population. The Department will publish a NOFA to identify properties in the Department’s portfolio that are interested in receiving an award of project-based Stability Vouchers. The Department will make the opportunity available to developments that meet four general requirements:
(1) comply with the specific requirements of the Stability Voucher program; (2) comply with HUD’s rules and regulations governing properties participating in project-based Section 8 voucher programs; (3) have received a Multifamily award from the Department; and (4) have an established partnership with, or are willing to establish a partnership with, a Continuum of Care organization that serves the geographic area in which the property is sited.
RULES
a) Presentation, discussion, and possible action on adoption of amendments to 10 TAC §10.601 Compliance Monitoring Objectives and Applicability; §10.602 Notice to Owners and Corrective Action Periods; §10.604 Options for Review; §10.607 Reporting Requirements; §10.608 Record Keeping Requirements; §10.609 Notices to the Department; §10.610 Written Policies and Procedures; §10.611 Determination, Documentation and Certification of Annual Income; §10.612 Tenant File Requirements; §10.613 Lease Requirements; §10.614 Utility Allowances; §10.615 Elections under IRC §42(g) and Additional Income and Rent Restrictions for HTC, Exchange, and TCAP Developments; §10.616 Household Unit Transfer Requirements for All Programs; §10.618 Onsite Monitoring; §10.619 Monitoring for Social Services; §10.621 Property Condition Standards; §10.622 Special Rules Regarding Rents and Rent Limits Violations; §10.623 Monitoring Procedures for Housing Tax Credit Properties After the Compliance Period; §10.624 Compliance Requirements for Developments with 811 PRA Units; and Figure §10.625; and directing that they be published for adoption in the Texas Register.
Director of Multifamily Compliance, Wendy Quackenbush, provided a description and background for proposed changes to a series of compliance rules. This item was previously approved by the TDHCA board in July 2022 for publication. Comments were received and considered, including an official response from TAAHP’s Compliance and Post Award Committee. Public comment relating to this item centered on the proposed modification which would modify the current notice for rent increases rule to a longer period of 120 days if the rent increase is more than $75/month. TDHCA staff modified the proposal to 90 days based on stakeholder input. Given the narrow margin for sufficiently funding maintenance for properties, the additional revenue allowed by HUD rents when announced is necessary to appropriately maintain them.
The TDHCA board voted to adopt all compliance rules with the exception of Section 10.622 regarding rent notices, which will be brought back at a later time for consideration.
b) Presentation, discussion, and possible action on the proposed repeal of 10 TAC Chapter 13, the Multifamily Direct Loan Rule, proposed new 10 TAC Chapter 13, Multifamily Direct Loan Rule, and directing their publication for public comment in the Texas Register.
The Director of Multifamily Programs, Cody Campbell, discussed proposed rule changes to the MFDL program. The proposed changes are administrative in nature. Primary changes:
- Applications requiring HUD approval for certain utility allowances will be required to be submitted with the application.
- Applications which propose layering with Historic Tax Credits are only eligible if the application has received approval from National Park Service.
- Applications which have progressed with development will be able to request up to 50% of the amount at closing.
These proposals will be published for public comment in the Texas Register. The board adopted these proposals for publication.
c) Presentation, discussion, and possible action on the proposed amendment to specific sections of 10 TAC Chapter 10 Subchapter E, Post Award and Asset Management Requirements, and directing its publication for public comment in the Texas Register
Director of Asset Management, Rosalio Banuelos, discussed proposed rule changes to asset management rules. Primary changes include:
- Adding a requirement for HTC and bond financed developments regarding the 10% test to provide evidence of submission of compliance monitoring.
- Construction status reports to include the date construction started.
- Review of Annual rents for MFDL programs – adding the HOME ARP to the list of developments that must be reviewed annually and approved by TDHCA. Also, changing the submission deadline from July 1 to August 1.
- Rights of first refusal – adding that a CHDO may be one of the controlling entities.
These proposals will be published for public comment in the Texas Register. The board adopted these proposals for publication.
MULTIFAMIILY BOND FINANCE
a) Presentation, discussion, and possible action on Inducement Resolution No. 23-003 for Multifamily Housing Revenue Bonds regarding authorization for filing applications for private activity bond authority.
Director of Multifamily Bond Programs, Teresa Morales, discussed approval of an inducement resolution for bonds for 3 developments requesting authority from TDHCA. These developments will be submitted for consideration in the upcoming bond lottery. These would reserve an estimated $63 million in volume cap. The developments are:
22619 – Park Meadows Apartments, Kendall County
22620 – North Grand Villas, Amarillo, Potter County
22621 – Palladium McKinney, Collin County
The board approved the inducement resolution for these development applications.
MULTIFAMIILY FINANCE
Presentation, discussion, and possible action regarding awards from the Multifamily Direct Loan (MFDL) 2022-1 Notice of Funding Availability (NOFA) Director of Multifamily Programs, Cody Campbell, discussed awards from the MFDL 2022. This involves HOME funding for developments which had already received 9% tax credits as follows:
- 22172 Legacy Trails of Plainview $2,000,000, Plainview
- 22211 Mill Pond at Robstown $2,520,000, Robstown
- 22218 Heritage Estates at Edmonds $4,000,000, Lewisville
- 22220 Burkburnett Royal Gardens $2,649,000, Burkburnett
- 22224 Serene Falls $2,640,000, Marble Falls
- 22269 Retirement Living for Seniors $2,500,000, Stephenville
The TDHCA Board voted to approve awards for these developments.
PUBLIC COMMENT
TAAHP board member Lora Myrick provided public input regarding the QAP comments submitted by TAAHP. She thanked the board for including supplemental credits as requested by members. Regarding supplemental credits, she requested clarification from the use of “up to 15%” to be a flat 15% of the supplemental credits per development. Regarding MFDL funding, $4 million is the current cap. Myrick requested that this be increased significantly due to continuing rising costs and interest rates, possibly to $6-$8 million for consideration in upcoming NOFA’s.
The board meeting was adjourned at 12:07pm.
The next TDHCA board meeting is on November 10, 2022.