HTF SuperNOFA Application Submission Procedures Manual by fmx14915

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									Texas Department of Housing and Community Affairs

                HOME Division




               Housing Trust Fund



                  Application and
    Application Submission Procedures Manual

                        For

    2008 Homeownership SuperNOFA Program

                www.tdhca.state.tx.us
                                       TABLE OF CONTENTS


SECTION 1 ..................................................................................................4
Housing Trust Fund Program Overview.......................................................4
2008 Homeowership SuperNOFA and Application ......................................4
Eligible Applicants ........................................................................................4
Ineligible Applicants .....................................................................................5
Income Eligibility ..........................................................................................6
Eligible Activities ..........................................................................................6
     Mortgage Assistance ............................................................................................. 6
     Downpayment Assistance..................................................................................... 7
     Rehabilitation Assistance ..................................................................................... 7
Building Regulations for All Activities ...........................................................8
Terms of Loan Forgiveness .........................................................................8
Eligible Costs ...............................................................................................8
     Project Costs .......................................................................................................... 8
     Administrative Costs (5%) (For Nonprofits)......................................................... 8
Award Process .............................................................................................9
Contract Maximum Award Amount ..............................................................9
Contract Periods ..........................................................................................9
Financial Management Procedures .............................................................9
Recordkeeping and Accounting Procedures................................................9
Performance and Compliance Monitoring..................................................10

SECTION 2 ................................................................................................11
Application Submission Procedures Manual..............................................11
Submission Format ....................................................................................11
Electronic Submission Format ...................................................................11
Threshold Criteria.......................................................................................12
     Tab 1 Cash Reserve ............................................................................................. 12
     Tab 2 Evidence of Prior Experience ................................................................... 12
     Tab 3 Program Design ......................................................................................... 12
     Tab 4 Resolution Requirement ........................................................................... 12
Additional Tab Requirements.....................................................................13
     Tab 5 Acknowledgement of Application Receipt .......................................... 13
     Tab 6 Uniform Application............................................................................... 13
     Tab 7 Organizational Capacity ............................................................................ 13
     Tab 8 Program Budget..................................................................................... 13
     Tab 9 Evidence of Financial Oversight .......................................................... 14
     Tab 10 Homebuyer Counseling and Lender Products (Downpayment Only) . 14




                           Housing Trust Fund - 2008 Homeownership SuperNOFA
                          Application and Application Submission Procedures Manual
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SECTION 3 ................................................................................................15
Application Submission ..............................................................................15
Application Review.....................................................................................16

SECTION 4
Attachments 1 to 3

SECTION 5
Appendices




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                       Application and Application Submission Procedures Manual
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                                     SECTION 1


Housing Trust Fund Program Overview
The Housing Trust Fund (HTF) is a statewide program that seeks to allocate funds to achieve a
broad geographical distribution of affordable housing. It was established by the 72nd
Legislature, Senate Bill 546, to create affordable housing for low- and very low-income
individuals and families. It is the only state-authorized affordable housing program. Funding
sources consist of appropriations or transfers made to the fund, unencumbered fund balances
and public and private gifts or grants.

The availability and use of these funds are subject to the State Housing Trust Fund Rules at 10
Texas Administrative Code, Title 10, Part 1, Chapter 51 (“HTF Rules”) (Appendix 7) in effect at
the time the Application is submitted. Pursuant to §2306.201 of the Texas Government Code,
the Housing Trust Fund is a fund administered by the Texas Department of Housing and
Community Affairs (TDHCA or the Department) through the HOME Division.

The HTF allocates funds to Applicants in response to a Notice of Funding Availability (NOFA),
through both competitive and open Application cycles that are consistent with the State Low-
Income Housing Plan and the HTF Rule. Applicants must demonstrate how the project
addresses an identified affordable housing need and must provide evidence of financial
feasibility as well as their ability to complete the project successfully. Although no matching
funds are required, the program encourages leveraging. The program also encourages projects
which address very low-income, rural, and special needs populations.

All HTF Applicants must be approved by TDHCA’s Governing Board and must execute a written
agreement with TDHCA and agree to comply with all statutory, regulatory, and other legal
requirements applicable to the HTF Program. TDHCA will provide technical assistance through
Application and Implementation Workshops to ensure program participants understand and
comply with all applicable State and Federal regulations.

2008 Homeownership SuperNOFA and Application
The funds made available through the 2008 Homeownership SuperNOFA and Application are
not subject to the Regional Allocation Formula.

As per the 2008 Homeownership SuperNOFA, Applications will be accepted based on an Open
Application Cycle and funding will be available on a first-come, first-served statewide basis.
Applications will be accepted by TDHCA on an ongoing basis until all funds are awarded or
5:00 p.m., Friday, June 27, 2008, regardless of method of delivery. Applicants are
encouraged to review the Application process cited above and described herein. Applications
that do not meet minimum threshold criteria will not be considered for funding.

This Application Submission Procedures Manual consists of a Single Family Uniform Application
and several components including attachments that are submitted as part of the Application.

Eligible Applicants
Units of General Local Government
Nonprofit Organizations
Public Housing Authorities (PHA’s)
For-Profit Organizations

Applicants must meet requirements defined in the HTF Rules 10 Texas Administrative Code,
Title 10, Part 1, Chapter 51 to be considered for funding.
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Conflict of Interest as stated in 10 TAC §51.14(b) is applicable to all Applicants. Applicants are
subject to 10 TAC §1.3 of this title.

Ineligible Applicants
Applicants may be ineligible for funding if they meet any of the criteria listed in §51.5 (d) of the
HTF Rules and criteria listed below:
  (1) The Applicant, Development Owner, or Developer is an Administrator of a previously
funded Contract for which Housing Trust Funds have been partially or fully deobligated due to
failure to meet contractual obligations during the 12 months prior to application submission date,
unless the deobligation was voluntary and prior to the contract term expiration date;
  (2) The Applicant, Development Owner, or Developer has failed to submit or is delinquent in a
response to provide an explanation, evidence of corrective action or a payment of disallowed
costs or fees as a result of a monitoring review.
  (3) The Applicant, Development Owner, or Developer has failed to make timely payment or is
delinquent on any loans or fee commitments made with the Department on the date of the
Application submission;
  (4) The Applicant, Development Owner, or Developer has been or is barred, suspended, or
terminated from procurement in a state or federal program or listed in the List of Parties
Excluded from Federal Procurement of Non-procurement Programs or has otherwise been
debarred by HUD or the Department;
  (5) The Applicant, Development Owner, or Developer has violated the State's revolving door
policy;
  (6) The Applicant, Development Owner, or Developer has been convicted of a state or federal
felony crime involving fraud, bribery, theft, misrepresentation of material fact, misappropriation
of funds, or other similar criminal offenses within fifteen years preceding the Application
deadline;
  (7) The Applicant, Development Owner, or Developer at the time of Application submission is:
subject to an enforcement or disciplinary action under state or federal securities law or by the
NASD is subject to a federal tax lien; or is the subject of an enforcement proceeding with any
governmental entity;
  (8) The Applicant, Development Owner, or Developer has issues covered under 10 TAC §1.3;
  (9) The submitted Application has an entire volume of the Application missing; has excessive
omissions of documentation from the threshold Criteria or uniform Application documentation; or
is so unclear, disjointed or incomplete that a thorough review can not reasonably be performed
by the Department, as determined by the Department. If an Application is determined ineligible
pursuant to this section, the Application will be terminated without being processed as an
Administrative Deficiency. To the extent that a review was able to be performed, specific
reasons for the Department's determination of ineligibility will be included in the termination
letter to the Applicant;
  (10) The Applicant, Development Owner, or Developer or anyone that has Controlling
ownership interest in the Development Owner or Developer that is active in the ownership or
Control of one or more other rent restricted rental housing properties in the state of Texas
administered by the Department is in Material Noncompliance with the LURA;
  (11) The Application is a joint venture Application for the same Program Activity to serve the
same town, city, or county that is identified in the Application already submitted as a sole
Application for the same Program Activity in the same town, city or county;
  (12) Any Application that includes financial participation by a Person who, during the five-year
period preceding the date of the bid or award, has been convicted of violating a federal law in
connection with a contract awarded by the federal government for relief, recovery, or
reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring
after September 25, 2005, or was assessed a federal civil or administrative penalty in relation to
such a contract;

                      Housing Trust Fund - 2008 Homeownership SuperNOFA
                     Application and Application Submission Procedures Manual
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  (13) Applications which propose the refinancing or rehabilitation of properties constructed
within the past 5 years and previously funded by the Department are not eligible; or
  (14) Displacement of Existing Affordable Housing. Housing Trust Funds shall not be utilized on
a development that has the effect of permanently displacing low, very low, and extremely low
income persons and families. Low-Income persons who may be temporarily displaced by the
rehabilitation of affordable housing may be eligible for compensation of moving and relocation
expenses. If a Housing Trust Fund recipient violates the dislocation provision of this paragraph,
that recipient risks loss of Housing Trust Funds and the landlord/developer must pay the
affected tenant's costs and all moving expenses.

Note: Staff will not recommend an Applicant for funding to the Department’s Governing Board
unless all unresolved audit findings, questioned or disallowed costs are resolved as defined in
10 TAC §51.5 and §1.3. A Department-wide check of all Applicants will be made to ensure
fiscal, programmatic, and contractual compliance with: 1) previously awarded Department
contracts, 2) Department loan agreements, 3) resolution of any previous audit findings, and 4)
outstanding monetary obligation with the Department. Applicants will not be recommended to
the Department’s Governing Board for an award if they have an outstanding eligibility or
threshold violation(s).

Income Eligibility
All funds released under the 2008 Homeownership SuperNOFA shall be used to assist
households earning 50% or less of the Area Median Family Income (AMFI) as defined by the
United States Department of Housing and Urban Development (HUD), with incentives provided
to serve households earning 30% or less of the AMFI. Assistance provided with these funds
must be in the form of a loan to the homeowner or homebuyer

Eligible Activities
Eligible activities for the Application include Mortgage Assistance, Downpayment Assistance
and Rehabilitation Assistance and are limited to those permissible under HTF Rules at 10 TAC
§51.4.

Mortgage Assistance
Acquisition, new construction or reconstruction cost assistance is provided to homeowners to
rebuild single family housing affected by a disaster other than Hurricane Rita. Eligible
homeowners must provide evidence of prior homeownership and principal residence status of
the home proposed to be rebuilt.


                      Terms of Mortgage Assistance Awards

                           Term of
         AMFI                        Lien Position   Deferred?     Amortizing?   Forgivable?
                            Loan

                              30
  > 30 and ≤ 50% AMFI                    1st Lien        No            Yes           No
                             years
                              20
      ≤ 30% AMFI                         1st Lien        Yes            No           Yes
                             years

The maximum loan amount per homeowner is $70,000. All loans are at 0% interest.



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                      Application and Application Submission Procedures Manual
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Downpayment Assistance
Down payment and gap financing is provided to homebuyers for the acquisition of single family
housing. Eligible first-time homebuyers must not have owned a home in the three (3) years prior
to the receipt of assistance. Homebuyer Counseling must be provided to each household
served.


                 Terms of Downpayment Assistance Awards

                         Term of
        AMFI                         Lien Position      Deferred?   Amortizing?   Forgivable?
                          Loan

                                        2nd or 3rd
 > 30 and ≤ 50% AMFI      10 years                         Yes          No            Yes
                                          Lien
                                        2nd or 3rd
     ≤ 30% AMFI           5 years                          Yes          No            Yes
                                          Lien

The maximum loan amount per homebuyer is $10,000. All loans are 0% interest.

Rehabilitation Assistance
Rehabilitation cost assistance is provided to homeowners to rehabilitate single family housing
including architectural barrier removal. In general, the rehabilitation of a manufactured housing
unit is not an eligible activity. However, the Department may consider individual homeowners’
requests made through administrators on a case-by-case basis. Approval to perform the
rehabilitation of a manufactured housing unit will be made at the sole discretion of the
Department. Eligible homeowners must provide evidence of homeownership and principal
residence status of the home proposed to be rehabilitated.


                 Terms of Rehabilitation Assistance Awards

                         Term of
        AMFI                         Lien Position      Deferred?   Amortizing?   Forgivable?
                          Loan

                                      1st, 2nd or 3rd
 > 30 and ≤ 50% AMFI      20 years                         Yes          No            Yes
                                           Lien
                                      1st, 2nd or 3rd
     ≤ 30% AMFI           10 years                         Yes          No            Yes
                                           Lien

The maximum loan amount per homeowner is $30,000. All loans are 0% interest.

Any rehabilitation performed on housing units for accessibility modifications must be designed to
meet the needs of the individual homeowner.




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                     Application and Application Submission Procedures Manual
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Building Regulations for All Activities
All properties must meet all applicable building and safety codes, ordinances and standards,
local zoning ordinances and HUD’s Housing Quality Standards (HQS) at the completion of
assistance. The home must be must be inspected for compliance with HQS, including
rehabilitation of architectural barrier removal to meet the homeowner’s needs. If a home is
newly constructed it must also meet federal energy requirements as defined by HUD.

Terms of Loan Forgiveness
Forgiveness of the loan balance is calculated based on a pro-rata annual share of the loan term.
The anniversary date of the loan shall constitute completion of the year. Any partial year shall
not be waived. The amount due will be based on the pro-rata share on the number of years of
the remaining loan term.

If at any time prior to the full loan period there occurs a sale of the property, a refinance of any
superior lien, a repayment of any superior lien, or if the unit ceases to be the assisted
homeowner’s principal residence, the loan shall become due and payable. In the event the
home is sold (voluntary or involuntary); the assisted homeowner will pay the loan balance from
the shared net proceeds of the sale. The net proceeds are the sales price minus superior loan
repayment (other than HTF funds) and any closing costs. A copy of the HUD closing statement
must be provided.

Eligible Costs
Project Costs
Eligible project costs include expenditures for the assistance to the eligible households and
include, but are not limited to:
    • Mortgage Assistance
            o Acquisition
            o New construction
            o Reconstruction
    • Downpayment Assistance
            o Downpayment
            o Gap Financing
    • Rehabilitation Assistance
            o Rehabilitation including architectural barrier removal

Administrative Costs (5%) (For Nonprofits)
Eligible administrative expenses include expenditures for salaries, wages and related costs of
staff persons responsible for the HTF Program administration, including, but not limited to:
    • General management, oversight, and/or program coordination
    • Preparing program budgets and schedules
    • Outreach activities
    • Monitoring program activities to ensure compliance
    • Coordinating the resolution of auditing and monitoring findings




                      Housing Trust Fund - 2008 Homeownership SuperNOFA
                     Application and Application Submission Procedures Manual
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Award Process
Each Application will be handled on a first-come, first-served basis pursuant to 10 TAC §51.8.
Each Application will be assigned a "received date" based on the date and time it is physically
received by TDHCA. Applications will be reviewed for Applicant and Activity Eligibility and
Threshold Criteria as described in the HTF 2008 Homeownership SuperNOFA.

Funding recommendations of eligible Applicants will be presented to TDHCA’s Governing Board
based on eligibility and on a first-come, first-served basis limited by the total amount of funds
available under the 2008 Homeownership SuperNOFA of $1,000,000.

Contract Maximum Award Amount
The maximum award amount per activity is $250,000, inclusive of project and administrative
funds. If the Applicant is a nonprofit organization, up to five percent (5%) of the requested funds
may be used for administrative costs.

Entities applying for multiple activities must submit one Application for each activity.

Contract Periods
The contract term for a Homeownership contract will be 24 months.

Financial Management Procedures
Any Recipient is responsible for conformance with the Uniform Grant Management Standards
(UGMS) in the use of HTF funds. UGMS are recorded in the Texas Administrative Code as 1
TAC §§5.141-5.167. The Recipient must understand UGMS in order to ensure that the
activities undertaken are in compliance with UGMS, and that the activities of their subrecipients,
vendors, and service providers are also in compliance with UGMS, to the extent required.
Recipient compliance with UGMS is subject to program audit only for those activities in which
HTF funds are used. Vendor operations, however, are normally not subject to compliance audit
with regard to use of program funds, and UGMS requirements do not transfer from the Recipient
to the Vendor. Refer to the UGMS for specific guidelines and requirements. Topics generally
pertinent to this program are:
    • allowed and non-allowed uses of funds such as eligible expenses, non-allowed
         contingency reserves, allowable cost sharing such as donated/volunteer services,
         obligations, and debarred contractors;
    • contract requirements such as types of contracts allowed, provisions for employees and
         persons affected by sale, rental, or financing of housing, provisions for environmental
         standards, and provisions for remedies in cases of dispute, contract change, suspension
         of work; and
    • internal budget controls, documentation, reporting and records retention and general
         procurement requirements.

Recordkeeping and Accounting Procedures
Recipients are required to maintain a program file, project files and financial records in
accordance with the HTF Rules §51.16. Recipients must maintain at least two (2) types of files:

       Program File – A permanent file documenting the operation of the overall HTF contract
       administration.
       Project Files – Permanent files documenting each assisted household.



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                      Application and Application Submission Procedures Manual
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Recipients are required to annually submit to the Department information and data regarding the
households assisted and must maintain records for a period of at least three (3) years.
Financial records must be maintained for a period of five (5) years. A summary of
disbursements, payments, payment date and any other financial transactions for each assisted
household should be maintained with each project file.

Performance and Compliance Monitoring
TDHCA will monitor funded Applicants for contract performance and compliance with HTF
Program requirements. Program compliance and contract performance may be addressed
through periodic site visits and inspections by Department staff. The Department will provide
funded Applicants with technical assistance as needed for compliance with HTF Program
regulations.




                     Housing Trust Fund - 2008 Homeownership SuperNOFA
                    Application and Application Submission Procedures Manual
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                                      SECTION 2


Application Submission Procedures Manual
The TDHCA Application Submission Procedures set forth the basic information needed for filing
an Application for the HTF 2008 Homeownership SuperNOFA. This document is only a
complementary guide on how to prepare the Application; Applicants are encouraged to
familiarize themselves with all applicable state and federal rules governing the HTF program.

The Application consists of one bound submission and one electronic submission. A complete
HTF Application for each proposed program must be submitted as described in this section.
Incomplete Applications or improperly bound HTF Applications will not be accepted.

Submission Format
Pressboard Binder – The Application must be submitted in a pressboard binder. If the required
documentation for the Application exceeds the capacity of one binder, a second binder may be
used to subdivide the Application with an identifying label on the top portion of the front cover.
Each binder must have an identifying label placed on the front cover. The label must include
the following:

1.     HTF Applicant Name
3.     Contact Name(s)
4.     Contact Address(es)
5.     Contact Phone and Fax Number(s)
6.     Contact Email Address(es)

Electronic Submission Format
An electronic copy of the complete HTF Application must be submitted as one PDF file on a
recorded compact disk (CD-R). This electronic copy must be submitted with the HTF
Application.

1.     The volume’s tabs must be correctly book marked
2.     Files should average less than 100 Kilobytes per page
3.     Files must be readable with free PDF file viewers including Adobe Reader and be
       compatible with Adobe Reader 5.0 and above
4.     Files should be saved so that “Fast Web View” (or page at a time downloading) is
       enabled Text within the PDF file should be searchable using the “Find” command in the
       PDF view
5.     The PDF file should be named in the following format -- <file_name>.pdf (i.e.
       Greens_Cossing_HTF_ Application.pdf)

Please note that the PDF format is an open technology and not proprietary to Adobe, therefore
other PDF format Applications are available to the public. Questions about electronic
submission should be directed to Chad Landry at chad.landry@tdhca.state.tx.us.




                      Housing Trust Fund - 2008 Homeownership SuperNOFA
                     Application and Application Submission Procedures Manual
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Threshold Criteria
The pressboard binder submitted must contain the following Threshold Criteria tabs. All
Applications must comply with threshold criteria as stated in the 2008 Homeownership
SuperNOFA and the HTF Rules §51.5 to continue progressing in the Application process.


     Tab        Item
      1         Cash Reserve
      2         Evidence of Prior Experience
      3         Program Design
      4         Resolution Requirement

Tab 1 Cash Reserve
Submit evidence demonstrating the ability to administer the program and commit adequate cash
reserves of at least $35,000 to the project to cover expenses incurred during the Department’s
disbursement process. Cash reserves are not permanently invested in the project but are used
for short term deficits that will be paid by program funds. This commitment must be included in
the Applicant’s resolution.

Tab 2 Evidence of Prior Experience
All Applicants must submit evidence of at least two (2) years of experience providing the same
type of housing assistance for which funds are requested. Evidence of experience may include
current or previous contracts showing the Applicant’s experience with each activity.

Applicants that request funds to provide accessibility modifications must submit evidence of at
least two (2) years of experience providing accessibility modifications. Evidence of experience
may include current or previous contracts showing the Applicant’s experience with each activity
and/or evidence of a partnership with an entity or organization that meets this requirement.

Tab 3 Program Design
Program Design - All Applications submitted must include a detailed, written program design
which must include proposed activities to be undertaken, marketing, method of receiving
Applications from prospective homeowners and homebuyers, procurement procedures (if
applicable), procedures to handle complaints or grievances and a proposed timeline to complete
all activities. Applicants that request funds to provide accessibility modifications must clearly
describe the process and expertise to be used in determining the accessibility needs of the
homeowner.

Resumes - Submit resume(s) for staff that will be responsible for administering and managing
the HTF award. Describe the individual’s community and housing program experience. If the
Applicant is proposing to procure a service provider (i.e. consultant) do not submit resumes from
individuals representing these firms.

Tab 4 Resolution Requirement
Submit a resolution behind this tab from the Applicant’s direct governing body authorizing the
submission of a HTF Application and setting aside the amount of applicable cash reserves
required.

The Resolution must:
   • be signed and dated before the Application deadline,
   • include the amount of HTF funds requested and how the funds will be used. Describe
      the amount of cash reserve funds being provided in the appropriate program as
      indicated below,
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                       Application and Application Submission Procedures Manual
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   •    must name the individual authorized to execute the written agreement, if awarded, and
        who will be responsible for contract administration and oversight, and
   •    if applicable, include a statement explaining that the Applicant is a nonprofit organization
        that offers expanded services such as child care, nutrition programs, job training
        assistance, health services, or human services and is eligible for the Application fee
        exemption.

Additional Tab Requirements
The following tabs and information must be included:


Tab Number       Item
        5        Acknowledgement of Application Receipt
        6        Uniform Application
        7        Organizational Capacity
        8        Program Budget
        9        Evidence of Financial Oversight
       10        Homebuyer Counseling and Lender Products ( Downpayment
                 Assistance)


Tab 5 Acknowledgement of Application Receipt
Submit the completed Acknowledgement of Application Receipt form behind Tab 5. This receipt
can be found in Attachment 1 of the Application Submission Procedures Manual. The receipt
will be date and time stamped and initialed upon receipt by the Department. A copy of the
receipt will be faxed to the Applicant acknowledging the Application was received. Unless the
Applicant is a Nonprofit that provides expanded services such as child care, nutrition programs,
job training assistance, health services, or human services, include the $30.00 fee with the
Application.

Tab 6 Uniform Application
Submit a complete Uniform Application with the original signature of the Applicant and date
behind Tab 6. The Uniform Application can be found in Attachment 2 of the Application
Submission Procedures Manual.

Tab 7 Organizational Capacity
Organizational Narrative - Submit a narrative that describes the Applicant’s history, experience,
and accomplishments related to sponsoring and/or administering programs serving the
community, including programs related to housing development, special needs populations, and
persons with disabilities. Provide adequate details to support your statements. Please focus on
the Applicant, not the current personnel employed by, or contracted to, the Applicant.

Housing Goals - Submit a written summary of the Applicant’s current or anticipated
organizational goals related to providing, creating, and preserving affordable housing.

Tab 8 Program Budget
Applicant must prepare a Program Budget that includes estimated project costs attributed
directly to the assistance provided to the households and any proposed leverage funds.
Estimated administrative costs may only be included for nonprofit organizations. Submit the
completed Program Budget form found in Attachment 2 of the Application Submission
Procedures Manual behind Tab 8.


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Tab 9 Evidence of Financial Oversight
Submit a copy of the “Independent Auditor’s Report” from the Applicant’s latest audited financial
statements behind Tab 9; the report should reflect the most recent fiscal year. This letter is also
known as the “opinion letter”.

Tab 10 Homebuyer Counseling and Lender Products (Downpayment Only)
Submit behind this tab evidence of Homebuyer Counseling and evidence of available lender
products. Evidence must describe the level of homebuyer counseling proposed for potential
homebuyers including: a copy of the curriculum, type of materials that will be provided to the
homebuyer, a copy of the written agreement with service provider if the Applicant is not the
service provider, and a description of the post purchase counseling to be provided. Homebuyer
Counseling must be provided to each household served.

Also submit behind this tab, three letters from lenders interested in participating in the
Applicant’s proposed homebuyer assistance activity. Lender letters must be on the lender’s
letterhead and include the lender name, address, city, state, and zip code. The letter must affirm
the willingness, ability and type of affordable loan products available for the Applicant’s targeted
homebuyers.




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                     Application and Application Submission Procedures Manual
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                                      SECTION 3


Application Submission
Applications must be submitted on forms provided by TDHCA; the forms cannot be altered or
modified and must be in final form before submitting them to TDHCA. All Applications must
include all required documentation and associated Application materials as described in these
instructions.

Applications will be accepted by TDHCA on an on-going basis until all funds have been
awarded or until 5:00 p.m., Friday, June 27, 2008, regardless of method of delivery.

Applications mailed via the U.S. Postal Service must be mailed to:

                     Texas Department of Housing & Community Affairs
                                 Attn: Housing Trust Fund
                                       HOME Division
                                      P.O. Box 13941
                                 Austin, Texas 78711-3941

Applications submitted by private carrier or hand-delivery will be received at the physical
address:

                     Texas Department of Housing & Community Affairs
                                 Attn: Housing Trust Fund
                                       HOME Division
                                     221 E. 11th Street
                                    Austin, Texas 78701

Applicants are required to remit a non-refundable Application fee payable to the Texas
Department of Housing and Community Affairs in the amount of $30. Please send a check,
cashier’s check or money order; do not send cash. Section 2306.147(b) of the Texas
Government Code requires the Department to waive grant Application fees for nonprofit
organizations that offer expanded services such as child care, nutrition programs, job training
assistance, health services, or human services. These organizations must show proof of their
exempt status in lieu of the Application fee and include the request for waiver in their Resolution
in Tab 4.

Applications that do not meet the filing deadline and Application fee (if applicable) requirements
will be returned to the Applicant and will not be considered for funding. Applications will be
reviewed for threshold criteria and all Application requirements. A notice of any Administrative
Deficiencies may be issued based on the review. Applicants who are able to resolve their
Administrative Deficiencies within five (5) business days will be forwarded into Phase Two.
Administrative Deficiencies that are not cured will be terminated and the Applicant must reapply
for consideration of funds as stated in 10 TAC §51.8. The Department strongly encourages
potential Applicants to review the HTF Rules and regulations and to attend an Application
workshop.

Application Workshop
The Department will present an Application workshop that will provide an overview of the
Housing Trust Fund Application preparation and submission requirements, evaluation criteria,


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                     Application and Application Submission Procedures Manual
                                                  15
and program information. The Application workshop schedule and registration will be posted on
the Department’s website at www.tdhca.state.tx.us.

Audit Requirements
An Applicant is not eligible to apply for funds or any other assistance from the Department
unless a past audit or Audit Certification Form has been submitted to the Department in a
satisfactory format on or before the Application deadline for funds or other assistance per 10
TAC §1.3(b). This is a program requirement outlined in the Application, therefore Applicants that
have outstanding past audits will be disqualified. Staff will not recommend Applications for
funding to the Department’s Governing Board unless all unresolved audit findings, questions or
disallowed costs are resolved per 10 TAC §1.3(c).

Application Review
Pursuant to 10 TAC §51.8, each Application will be handled on a first-come, first-served basis.
Each Application will be assigned a "received date" based on the date and time it is physically
received by the Department. The Department will ensure review of materials required under the
2008 Homeownership SuperNOFA and Application Submissions Procedures Manual (ASPM)
for threshold criteria and eligibility and will issue a notice of any Administrative Deficiencies for
Applications within 45 days of the Received Date.

All Applicants will be processed through the Department’s Application Evaluation System and
will include a previous award and past performance evaluation. Poor past performance may
disqualify an Applicant for funding recommendation or a funding recommendation may include
additional requirements.

Funding recommendations of eligible Applicants will be presented to the Department’s
Governing Board of Directors based on eligibility and limited by the total amount of funds
available under this 2008 Homeownership SuperNOFA of $1,000,000 and the maximum award
amount of $250,000.

Because Applications are processed in the order they are received by the Department, it is
possible that the Department will expend all available HTF funds before an Application has been
completely reviewed. If on the date an Application is received by the Department, no funds are
available under the 2008 Homeownership SuperNOFA, the Applicant will be notified that no
funds exist under the NOFA and the Application will not be processed.

Deficiency Process
According to 10 TAC §51.8, if an Application contains deficiencies which, in the determination of
the Department staff, require clarification or correction of information submitted at the time of the
Application, the Department staff may request clarification or correction of such Administrative
Deficiencies including both threshold and/or scoring documentation. The Department staff may
request clarification or correction in a deficiency notice in the form of a facsimile and a
telephone call to the Applicant advising that such a request has been transmitted.

Deficiency notices may be sent to an Applicant prior to or after the end of the Application
Acceptance Period. An Applicant may not change or supplement an Application in any manner
after the filing deadline, except in response to a direct request from the Department.

Appeals
An Applicant may appeal decisions made by the Department in accordance with 10 TAC
§51.10.



                      Housing Trust Fund - 2008 Homeownership SuperNOFA
                     Application and Application Submission Procedures Manual
                                                  16

								
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