Post Carryover Activities Manual
The Asset Management Division is responsible for monitoring and processing all post-award activities for developments involving Housing Tax Credits, HOME funds, Housing Trust Funds, and Neighborhood Stabilization Program (NSP) funds. This manual outlines the procedures and instructions for completing activities including, but not limited to, 10% Test, Construction Status Reports, Cost Certification, LURA Origination, LURA Amendments, Application Amendments, and Ownership Transfers. Development Owners will be updated through a LISTSERV announcement as changes or updates are made to the manual. You can join our TDHCA email list by clicking on the “Join our Email List” link on the left side of the TDHCA homepage.
Requests to process any of the above activities should come to the Department’s Asset Management Division by email (unless otherwise specified) to email@example.com. The request will be directed to your Asset Manager and processed. Note that requests may be delayed or may not be fully processed if the subject Development has issues of uncorrected noncompliance outside of the Corrective Action Period or the Owner owes fees to the Department. Asset Managers have been assigned to each region and can answer any questions related to the post award activities detailed in this manual. To find your assigned Asset Manager, visit http://www.tdhca.state.tx.us/asset-management/contacts.htm and enter the county in which the development is located. A map of the regional assignments is also provided below.
Ownership transfers will be processed according to the requirements in the most recently approved Uniform Multifamily Rules and outlined in the Post Carryover Activities Manual.
10% Test (§10.402(g))
No later than July 1 of the year following the submission of the Carryover Allocation Document more than 10% of the Development Owner’s reasonably expected basis must have been incurred pursuant to Section 42(h)(1)(E)(i) and (ii) of the Code (as amended by The Housing and Economic Recovery Act of 2008) and Treasury Regulations, 1.42-6.
LURA Origination (§10.402(i))
The Department will generate a Housing Tax Credit LURA for the Development Owner that will impose the income and rent restrictions identified in the Development’s final underwriting report and other representations made in the Application. Please see the updated Post Carryover Activities Manual (LURA Origination chapter) for instructions on requesting this document. For the Development Owner’s benefit, LURA templates for allocations made in 2011, 2012 and 2013 are provided below for information purposes only.
Cost Certification (§10.402(j))
UPDATE: The forms required for Cost Certification submission have been updated and included in one Excel file. Development Owners should begin using the new forms immediately.
Owners seeking approval for requests to change the site plan, improvements and all other representations of the application must follow Amendment process. Please see the updated Post Carryover Activities Manual (Amendments to Application chapter) for instructions.
Pursuant to §42(h)(6) of the Internal Revenue Code, after the 14th year of the compliance period, the owner of a development utilizing housing tax credits may request that the allocating agency find a buyer at the qualified contract price.
Department requirements and procedures for Qualified Contract
- Qualified Contract Requirements (10 TAC, Chapter 10, Subchapter E, §10.408 - Secretary of State site)
- Qualified Contract Preliminary Request Procedures Manual (PDF) or (DOC)
- Qualified Contract Request Procedures Manual (PDF) or (DOC)
- Qualified Contract Excel – use with Qualified Contract Request Procedures Manual (XLS)
Right of First Refusal
This requirement applies to Land Use Restriction Agreements (“LURA”) that provide an incentive for owners to offer a right of first refusal to nonprofit organizations. The specific requirements under right of first refusal depend on the language used in the LURA describing either a “minimum purchase price” or “fair market value” of the property.