(a) The purpose of this subchapter is to establish the requirements governing the post award and asset management activities associated with awards of multifamily Development assistance pursuant to Tex. Gov't Code, Chapter 2306 and its regulation of multifamily funding provided through the Texas Department of Housing and Community Affairs (the "Department") as authorized by the legislature. This subchapter is designed to ensure that Developers and Development Owners of low-income Developments that are financed or otherwise funded through the Department maintain safe, decent and affordable housing for the term of the affordability period. Therefore, unless otherwise indicated in the specific section of this subchapter, any uncorrected issues of noncompliance outside of the corrective action period or outstanding fees (related to the Development subject to the request) owed to the Department must be resolved to the satisfaction of the Department before a request for any post award activity described in this subchapter will be acted upon. Non-compliance issues that cannot be corrected will be taken into account and will be reviewed by Asset Management staff to determine if additional action is required by the Development Owner.(b) The capitalized terms in this subchapter shall have the meaning as defined in this title in Chapter 1 relating to Administration, Chapter 2 relating to Enforcement, Chapter 10 relating to Uniform Multifamily Rules, Chapter 11 relating to the Qualified Action Plan (QAP), Chapter 12 relating to the Multifamily Housing Revenue Bond Rules, Chapter 13 relating to the Multifamily Direct Loan Rule, Tex. Gov't Code Chapter 2306, Internal Revenue Code (the Code) §42, the HOME Final Rule, the NHTF Interim Rule, and other federal or Department rules, as applicable.10 Tex. Admin. Code § 10.400
The provisions of this §10.400 adopted to be effective December 24, 2013, 38 TexReg 9293; amended by Texas Register, Volume 39, Number 49, December 5, 2014, TexReg 9518, eff. 12/9/2014; Adopted by Texas Register, Volume 41, Number 01, January 1, 2016, TexReg 174, eff. 1/6/2016; Adopted by Texas Register, Volume 41, Number 53, December 30, 2016, TexReg 10570, eff. 1/5/2017; Adopted by Texas Register, Volume 42, Number 52, December 29, 2017, TexReg 7610, eff. 1/3/2018; Amended by Texas Register, Volume 43, Number 51, December 21, 2018, TexReg 8297, eff. 12/30/2018; Adopted by Texas Register, Volume 45, Number 05, January 31, 2020, TexReg 722, eff. 2/5/2020; Adopted by Texas Register, Volume 47, Number 04, January 28, 2022, TexReg 0266, eff. 2/3/2022