Sec. 2306.6714. AT-RISK DEVELOPMENT SET-ASIDE. (a) The department shall set aside for eligible at-risk developments not less than 15 percent of the housing tax credits available for allocation in the calendar year.
(a-1) An at-risk development described by Section 2306.6702(a)(5)(B) is eligible for housing tax credits set aside under Subsection (a) if:
(1) a portion of the public housing operating subsidy received from the department is retained for the development; and
(2) a portion of the units of the development are reserved for public housing as specified in the qualified housing plan.
(a-2) Notwithstanding any other provision of law, an at-risk development described by Section 2306.6702(a)(5)(B) that was previously allocated housing tax credits set aside under Subsection (a) does not lose eligibility for those credits if the portion of units reserved for public housing as a condition of eligibility for the credits under Subsection (a-1)(2) are later converted under the Rental Assistance Demonstration program administered by the United States Department of Housing and Urban Development as specified by the Consolidated and Further Continuing Appropriations Act, 2012 (Pub. L. No. 112-55) and its subsequent amendments.
(b) Any amount of housing tax credits set aside under this section that remains after the initial allocation of housing tax credits is available for allocation to any eligible applicant as provided by the qualified allocation plan.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 963 (H.B. 1888), Sec. 2, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 646 (S.B. 1238), Sec. 2, eff. June 12, 2017.
Structure Texas Statutes
Subtitle G - Economic Development Programs Involving Both State and Local Governments
Chapter 2306 - Texas Department of Housing and Community Affairs
Subchapter DD. Low Income Housing Tax Credit Program
Section 2306.6702. Definitions
Section 2306.67021. Applicability of Subchapter
Section 2306.67022. Qualified Allocation Plan; Manual
Section 2306.6703. Ineligibility for Consideration
Section 2306.6704. Preapplication Process
Section 2306.67041. On-Line Application System
Section 2306.6705. General Application Requirements
Section 2306.67055. Market Analysis
Section 2306.6706. Additional Application Requirement: Nonprofit Set-Aside Allocation
Section 2306.6707. Additional Application Requirement: Disclosure of Interested Persons
Section 2306.6708. Application Changes or Supplements
Section 2306.6709. Application Log
Section 2306.6710. Evaluation and Underwriting of Applications
Section 2306.6711. Allocation of Housing Tax Credits
Section 2306.6712. Amendment of Application Subsequent to Allocation by Board
Section 2306.6713. Housing Tax Credit and Ownership Transfers
Section 2306.6714. At-Risk Development Set-Aside
Section 2306.6717. Public Information and Hearings
Section 2306.67171. Electronic Mail Notification Service
Section 2306.6718. Elected Officials
Section 2306.6719. Monitoring of Compliance
Section 2306.6720. Enforceability of Applicant Representations
Section 2306.6722. Development Accessibility
Section 2306.6723. Coordination With Rural Development Agency
Section 2306.6724. Deadlines for Allocation of Low Income Housing Tax Credits
Section 2306.6725. Scoring of Applications
Section 2306.6726. Sale of Certain Low Income Housing Tax Credit Developments
Section 2306.6727. Department Purchase of Low Income Housing Tax Credit Property
Section 2306.6729. Qualified Nonprofit Organization
Section 2306.6731. Allocation Decision; Reevaluation
Section 2306.6733. Representation by Former Board Member or Other Person
Section 2306.6734. Minority-Owned Businesses
Section 2306.6735. Required Lease Agreement Provisions
Section 2306.6737. Assistance From American Recovery and Reinvestment Act of 2009
Section 2306.6738. Prohibited Practices
Section 2306.6739. Housing Tax Credits Financed Using Federal Emergency Funds