Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,810
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(1) additional sitework if the unit will be located more than
50 feet from the nearest paved roadway; and
(2) if the unit is being elevated above the floodplain; and
(3) homeowner requests for accessibility features.
(f) Project soft costs are limited to:
(1) Reconstruction or New Construction: no more than
$9,000 per housing unit;
(2) replacement with an MHU: no more than $3,500 per
housing unit;
(3) rehabilitation that is not Reconstruction: $5,000 per
housing unit. This limit may be exceeded for lead-based paint remedi-
ation and only upon prior approval of the Division Director. The costs
of testing and assessments for lead-based paint are not eligible Project
soft costs for housing units that are Reconstructed or if the existing
housing unit was built after December 31, 1977; and
(4) third-party Project soft costs related to [loan closing]
requirements under this section, such as appraisals, title reports or in-
surance, tax certificates, recording fees, and surveys are not subject to
a maximum per Project.
(g) Funds for Administrative costs are limited to no more than
4 percent of the Direct Project Costs, exclusive of Match funds.
(h) In the instances described in paragraphs (1) - (4) of this
subsection, the assistance to an eligible Household shall be in the form
of a Loan [loan] in the amount of the Direct Project Costs excluding
Match funds. [If the Household is at or below 60 percent area median
family income (AMFI~] The Loan [the loan] will be at zero percent
interest and include deferral of payment and annual pro rata forgiveness
with a term based on the federal affordability requirements as defined
in 24 CFR 92.254. [If the Household is above 60 percent AMFI but
at or below80 percent AMJ the -ssistance to the Householdh will be
a zero percent interest repayable with a 30-year term.]
(1) An MHU being replaced with newly constructed hous-
ing (site-built) on the same site;
(2) Any housing unit being replaced on an another site;
(3) Any housing unit that is being relocated out of the
floodplain or replaced due to uninhabitability as allowed under sub-
section (a)(4) of this section; and
(4) Any Project that requires a federal affordability period.
(i) For any Project involving refinancing described in subsec-
tion (d)(4) of this section, the HOME funds used for refinancing shall
be structured as a fully amortizing, repayable Loan [loan] at zero per-
cent interest. The Loan [loan] term shall be calculated by setting the
total estimated housing payment (including principal, interest, prop-
erty taxes, insurance, and any other homebuyer assistance), equal to 20
percent of the Household's gross monthly income. The term shall not
exceed thirty (30) years. Total debt service (back-end ratio) may not
exceed 45 percent. Any Direct Project Costs, exclusive of refinanc-
ing costs and Match funds, shall be structured as a deferred, forgivable
Loan [loan] with a 15-year term.
(j) In all other instances not described in subsections (h) and
(i) of this section, the assistance to an eligible Household will be in
the form of a grant agreement with a 5-year affordability period. [may
be in the form of a loan or grant agreement in the amount of the Direet
Project Gosts exclusive of Match funds with an affordability term based
on the Household's AMFI as reflected in Figure 14 TAG 23-3(j).]
[Fitgure- 14 TAG 233 - tj(k) To ensure affordability, the Department will impose resale
and recapture provisions established in this chapter.
(1) For Reconstruction and New Construction, site-built hous-
ing units must meet or exceed the 2000 International Residential Code
and all applicable local codes and standards. In addition, housing that
is Rehabilitated under this chapter must meet the Texas Minimum Con-
struction Standards (TMCS) and all other applicable local codes, reha-
bilitation standards, ordinances, and zoning ordinances in accordance
with this chapter. MHUs must be installed according to the manufac-
turer's instructions and in accordance with Federal and State laws and
regulations.
23.32. Homeowner Rehabilitation Assistance (HRA) Administrative
Requirements.
(a) Commitment or Reservation of Funds. The Administrator
[GContract Administrator (A) or Reservation System Participant
(RSP)] must submit the true and complete information, certified as
such, with a request for the Commitment or Reservation of Funds as
described in paragraphs (1) - (15) of this subsection:
(1) head of Household name and address of housing unit
for which assistance is being requested;
(2) a budget that includes the amount of Project funds spec-
ifying the acquisition costs, construction costs, soft costs and adminis-
trative costs requested, a maximum of 5 percent of hard construction
costs for contingency items, proposed Match to be provided, evidence
that Direct Project Cost and soft cost limitations are not exceeded, and
evidence that any duplication of benefit is addressed;
(3) verification of environmental clearance;
(4) a copy of the Household's intake application on a form
prescribed by the Department;
(5) certification of the income eligibility of the Household
signed by the Administrator [CA or RSP] and all Household members
age 18 or over, and including the date of the income eligibility determi-
nation. In instances where the total Household income is within $3,000
of the 80 percent AMFI, all documentation used to determine the in-
come of the Household;
(6) when assistance is provided in the form of a Loan
[loan], provide written consent from all Persons who have a valid
lien or ownership interest in the Property for the rehabilitation or
reconstruction Projects;
(7) in the instance of relocation and in accordance with
23.31(a)(3) of this chapter (relating to Homeowner Rehabilitation As-
sistance (HRA) Program Requirements), the Household must docu-
ment Homeownership of the existing unit to be replaced and must es-
tablish Homeownership of the lot on which the replacement housing
unit will be constructed. The Household must agree to the demolition
of the existing housing unit. HOME Project funds cannot be used for
the demolition of the existing unit and any funding used for the de-
molition is not eligible Match; however, solely for a Project under this
paragraph, the Administrator [GA or RSP] Match obligation may be
reduced by the cost of such demolition without any Contract amend-
ment;
(8) identification of any Lead-Based Paint (LBP);
(9) for housing units located within the 100-year flood-
plain, a quote for the cost of flood insurance and certification from the
Household that they understand the flood insurance requirements;
(10) consent to demolish from any existing mortgage lien
holders and consent to subordinate to the Department's Loan, if appli-
cable;38 TexReg 6810 October 4, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013, periodical, October 4, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342082/m1/64/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.