Fla. Admin. Code Ann. R. 67-48.004 - Selection Procedures for Developments
(1)
SAIL, HOME and Housing Credit Applications shall be limited to one submission
per subject property. Two or more Applications, submitted in the same
competitive solicitation process, that have the same demographic commitment and
one or more of the same Financial Beneficiaries, will be considered submissions
for the same Development site if any of the following is true:
(a) Any part of any of the property sites is
contiguous with any part of any of the other property sites, or
(b) Any of the property sites are divided by
a street or easement, or
(c) It is
readily apparent from the Applications, proximity, chain of title, or other
information available to the Corporation that the properties are part of a
common or related scheme of development.
If two or more Applications are considered to be submissions for the same Development site, the Corporation will reject all such Applications.
(2)
An Applicant shall be ineligible for funding or allocation in any program
administered by the Corporation if the Applicant or Affiliate of the Applicant
has made fraudulent or material misrepresentation as set forth in Section
420.518, F.S.
(3) For the SAIL, HOME and Housing Credit
Programs, notwithstanding any other provision of these rules, the following
items as identified by the Applicant in the Application must be maintained and
cannot be changed by the Applicant after the applicable submission, unless
provided otherwise below:
(a) Name of
Applicant or Developer entity(s); notwithstanding the foregoing, the name of
the Applicant or Developer entity(s) may be changed only by written request of
an Applicant to Corporation staff and approval of the Corporation after the
Applicant has been invited to enter credit underwriting. With regard to said
approval, the Corporation shall consider the facts and circumstances of each
Applicant's request, inclusive of validity and consistency of Application
documentation;
(b) Principals of
each Developer, including all co-Developers; notwithstanding the foregoing, the
Principals of the Developer(s) may be changed only by written request of an
Applicant to Corporation staff and approval of the Corporation after the
Applicant has been invited to enter credit underwriting. With regard to said
approval, the Corporation shall consider the facts and circumstances of each
Applicant's request, inclusive of validity and consistency of Application
documentation. Any allowable change to the natural person Principals of a
Public Housing Authority or officers and/or directors of a non-profit entity
will apply to all preliminarily awarded Applications and Applications pending
final Board action that include the Public Housing Authority or non-profit
entity. Any allowable replacement of a Principal that was identified as the
experienced Developer in a competitive solicitation must meet the experience
requirements met by the original Principal;
(c) Program(s) applied for;
(d) Applicant that applied as a Non-Profit or
for-profit organization, unless provided otherwise in a competitive
solicitation;
(e) Site for the
Development; notwithstanding the foregoing, after the Applicant has been
invited to enter credit underwriting and subject to written request of an
Applicant to Corporation staff and approval of the Corporation, the site for
the Development may be increased or decreased provided the Development Location
Point is on the site and, if applicable, the total proximity points awarded
during scoring are not reduced. In addition, if the increase or decrease of the
site is such that the proposed Development now meets the definition of a
Scattered Site, then the Applicant shall be required to provide such Scattered
Sites information and meet all Scattered Sites requirements as required by
Corporation staff. With regard to said approval, the Corporation shall consider
the facts and circumstances of each Applicant's request, inclusive of validity
and consistency of Application documentation;
(f) Development Category;
(g) Development Type; notwithstanding the
foregoing, the Development Type may be changed only by written request of an
Applicant to Corporation staff and approval of the Corporation after the
Applicant has been invited to enter credit underwriting. With regard to said
approval, the Corporation shall consider the facts and circumstances of each
Applicant's request, inclusive of validity and consistency of Application
documentation;
(h) Demographic
Commitment;
(i) Total number of
units; notwithstanding the foregoing, the total number of units may be
increased after the Applicant has been invited to enter credit underwriting,
subject to written request of an Applicant to Corporation staff and approval of
the Corporation. With regard to said approval, the Corporation shall consider
the facts and circumstances, inclusive of each Applicant's request, in
evaluating whether the changes made are prejudicial to the Development or to
the market to be served by the Development, as well as review of 24 CFR Part 92
to ensure continued compliance for the HOME Program;
(j) For the SAIL and HC Programs, the Total
Set-Aside Percentage as stated in the total set-aside breakdown chart for the
program(s) applied for in the Set-Aside Commitment section of the Application.
For the HOME Program, the total number of HOME-Assisted Units committed to in
the Set-Aside Commitment section of the Application. Notwithstanding the
foregoing, the Total Set-Aside Percentage, or total number of HOME-Assisted
Units, as applicable, may be increased after the Applicant has been invited to
enter credit underwriting, subject to written request of an Applicant to
Corporation staff and approval of the Corporation. With regard to said
approval, the Corporation shall consider the facts and circumstances, inclusive
of each Applicant's request, in evaluating whether the changes made are
prejudicial to the Development or to the market to be served by the
Development, as well as review of 24 CFR Part 92 to ensure continued compliance
for the HOME Program;
(k) CHDO
election for the HOME Program;
(l)
Funding Request Amount, exclusive of adjustments by the Corporation as outlined
in any applicable competitive solicitation.
(4) For all funding programs outlined in this
rule chapter, a Development will be withdrawn from funding and any outstanding
commitments for funds or HC will be rescinded if, at any time, the Board
determines that the Applicant's Development or Development team is no longer
the Development or Development team described in the Application or to the
Credit Underwriter, and the changes made are prejudicial to the Development or
to the market to be served by the Development.
(5) For all funding programs outlined in this
rule chapter, if an Applicant or Developer or any Principal, Affiliate or
Financial Beneficiary of an Applicant or a Developer has any existing
Developments participating in any Corporation programs that remain in
non-compliance with Section 42 of the IRC, Title 67, F.A.C., or applicable loan
documents, and any applicable cure period granted for correcting such
non-compliance has ended as of the time of submission of the Application or at
the time of issuance of a credit underwriting report, the requested allocation
will, upon a determination by the Board that such non-compliance substantially
increases the likelihood that such Applicant or Developer will not be able to
produce quality affordable housing, be denied and the Applicant or Developer
and the Affiliates of the Applicant or Developer will be prohibited from new
participation in any of the Corporation's programs until such time as all of
their existing Developments participating in any Corporation programs are in
compliance.
(6) For all funding
programs outlined in this rule chapter, the name of the Development provided in
the Application may not be changed or altered after submission of the
Application during the history of the Development with the Corporation unless
the change is requested in writing and approved in writing by the Corporation.
The Corporation shall consider the facts and circumstances of each Applicant's
request and any credit underwriting report, if available, prior to determining
whether to grant such request.
(7)
For all funding programs outlined in this rule chapter, if the Applicant or any
Principal, Financial Beneficiary or Affiliate of the Applicant has offered or
given consideration, other than the consideration to provide affordable
housing, with respect to a local contribution and this is discovered prior to
Board approval of the Review Committee's recommendations, the Corporation shall
reject the Application and any other Application submitted by the same
Applicant and any Principal, Financial Beneficiary or Affiliate of the
Applicant. If discovered after the Board approves the Review Committee's
recommendations, any tentative funding or allocation for the Application and
any other Application submitted by the same Applicant and any Principal,
Financial Beneficiary or Affiliate of the Applicant will be withdrawn. Such
Applicant and any of such Applicant's Principals, Financial Beneficiaries or
Affiliates will be ineligible for funding or allocation in any program
administered by the Corporation in accordance with the procedure set forth in
subsection (2), above.
Notes
Rulemaking Authority 420.507, 420.508 FS. Law Implemented 420.5087, 420.5087 (6)(c), 420.5089, 420.5089(6), 420.5099, 420.5099(2) FS.
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