13360797, 67-48.001 - Florida Administrative Rules, Law, Code, Register

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Notice: 13360797

Notice of Proposed Rule

Department:

FLORIDA HOUSING FINANCE CORPORATION

Chapter:

COMPETITIVE AFFORDABLE MULTIFAMILY RENTAL HOUSING PROGRAMS SAIL/HOME/HC

Overview

RULE:

67-48.001	Purpose and Intent
67-48.002	Definitions
67-48.004	Selection Procedures for Developments
67-48.005	Applicant Administrative Appeal Procedures (Repealed)
67-48.007	Fees
67-48.0072	Credit Underwriting and Loan Procedures
67-48.0075	Miscellaneous Criteria
67-48.009	SAIL General Program Procedures and Restrictions
67-48.0095	Additional SAIL Selection Procedures
67-48.010	Terms and Conditions of SAIL Loans
67-48.0105	Sale, Transfer or Refinancing of a SAIL Development
67-48.013	SAIL Construction Disbursements and Permanent Loan Servicing
67-48.014	HOME General Program Procedures and Restrictions
67-48.015	Match Contribution Requirement for HOME Allocation
67-48.017	Eligible HOME Activities
67-48.018	Eligible HOME Applicants
67-48.019	Eligible and Ineligible HOME Development Costs
67-48.020	Terms and Conditions of Loans for HOME Rental Developments
67-48.0205	Sale, Transfer or Refinancing of a HOME Development
67-48.022	HOME Disbursements Procedures and Loan Servicing
67-48.023	Housing Credits General Program Procedures and Requirements
67-48.027	Tax-Exempt Bond-Financed Developments
67-48.028	Carryover Allocation Provisions
67-48.029	Extended Use Agreement
67-48.030	Sale or Transfer of a Housing Credit Development
67-48.031	Qualified Contracts

PURPOSE:

The purpose of this Rule Chapter is to establish the procedures by which the Corporation shall:
(1) Address loan amounts, make and service mortgage loans for new construction or Rehabilitation/Moderate Rehabilitation/Substantial Rehabilitation of affordable rental units under the State Apartment Incentive Loan (SAIL) Program authorized by Section 420.5087, F.S., and the HOME Investment Partnerships (HOME) Program authorized by Section 420.5089, F.S.; and
(2) Address Competitive Housing Credit amounts and implement the provisions of the Housing Credit (HC) Program authorized by Section 42 of the IRC and Section 420.5099, F.S.
	The intent of this Rule Chapter is to encourage public-private partnerships to invest in residential housing; to stimulate the construction and rehabilitation of residential housing which in turn will stimulate the job market in the construction and related industries; and to increase and improve the supply of affordable housing in the state of Florida.

SUMMARY:

Prior to the opening of a funding process, the Corporation (1) researches the market need for affordable housing throughout the state of Florida and (2) evaluates prior funding cycles to determine what changes or additions should be added to the Rule, competitive solicitations, and the Qualified Allocation Plan (QAP).  The proposed amendments to the Rule and adopted reference material include changes that will create a formulated process for selecting Developments that will apply under these funding programs.

RULEMAKING AUTHORITY:

420.507 FS.

LAW:

420.5087, 420.5089, 420.5099 FS.

PRINT PUBLISH DATE:

8/12/2013 Vol. 39/156

COMMENTS:

From 8/12/2013 To 9/2/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-00448 24 CFR Part 70 (volunteers)
Ref-00449 24 CFR Part 91
Ref-00450 24 CFR Part 92
Ref-00451 24 CFR Section 5.611
Ref-00452 501(c)(3) and 501(c)(4) of the IRC
Ref-00453 Americans with Disabilities Act, as enumerated in 42 USC Section 12131
Ref-00454 Americans with Disabilities Act, as enumerated in 47 USC Sections 155, 201, 218 and 225
Ref-00455 Americans with Disabilities Act of 1990, Section 3
Ref-00457 Conflict of Interest as enumerated in 24 CFR Section 84.42
Ref-00458 Conflict of Interest as enumerated in 24 CFR Section 85.36
Ref-00459 Contract Work Hours and Safety Standards Act, 40 USC Sections 3701-3706 and 3708
Ref-00460 Copeland Act (Anti-Kickback Act) 40 USC Section 3145
Ref-00461 Davis-Bacon Act, 40 U.S.C. Sections 3142 – 3144, 3146 and 3147
Ref-00462 Debarment and Suspension as enumerated in 24 CFR Part 24
Ref-00463 Displacement, Relocation and Acquisition as enumerated in 24 CFR Part 42 (Subpart C) and Section 104(d) “Barney Frank Amendments”
Ref-00465 Displacement, Relocation and Acquisition as enumerated in 49 CFR Part 24
Ref-00467 Displacement, Relocation and Acquisition as enumerated in Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC Sections 4201- 4655)
Ref-00468 Economic Opportunity for Low- and Very Low-Income Persons as enumerated in 24 CFR Part 135
Ref-00470 Environmental Review as enumerated in 24 CFR Part 58
Ref-00472 Equal Opportunity and Fair Housing as enumerated in Executive Order 11063 (amended by Executive Order 12259)
Ref-00473 Equal Opportunity and Fair Housing as enumerated in 24 CFR Section 5.105(a)
Ref-00474 Equal Opportunity and Fair Housing as enumerated in Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101)
Ref-00475 Equal Opportunity and Fair Housing as enumerated in Fair Housing Act (42 U.S.C. §§ 3601 – 3619)
Ref-00476 Equal Opportunity and Fair Housing as enumerated in Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.)
Ref-00477 Equal Opportunity Employment as enumerated in Executive Order 11246 (implemented in 41 CFR Part 60)
Ref-00478 Fair Housing Act as implemented by 24 CFR Part 100
Ref-00479 Fair Labor Standards Act of 1938, as amended (29 U.S.C. Section 201 et seq.)
Ref-00482 Flood Insurance as enumerated in Section 202 of the Flood Disaster Protection Act of 1973 (42 U.S.C. Section 4106)
Ref-00483 Handicapped Accessibility as enumerated in Section 504 of the Rehabilitation Act of 1973 (implemented in 24 CFR Part 8)
Ref-00486 Housing Quality Standards 24 CFR Section 982.401
Ref-00487 Internal Revenue Service Notice 88-91
Ref-00488 IRS Form 8609, Rev. December 2008 (form and instructions)
Ref-00489 IRS Form 8821, Rev. August 2008
Ref-00490 IRS Revenue Procedure 94-57
Ref-00491 Lead-based Paint as enumerated in 24 CFR Part 35
Ref-00492 Minority/Women Employment as enumerated in 24 CFR § 85.36(e)
Ref-00493 Minority/Women Employment as enumerated in Executive Orders 11625, 12432, and 12138
Ref-00497 Section 8 of the United States Housing Act of 1937 – 42 USC § 1437f
Ref-00498 Section 42 of the IRC
Ref-00499 Site and Neighborhood Standards as enumerated in 24 CFR § 983.6(b)
Ref-00500 Special Needs Household Referral Agency Participation List, effective 1-12-09
Ref-00546 IRS Form 8821, Rev. August 2008
Ref-00548 Fair Housing Act as implemented by 24 CFR Part 100
Ref-00549 Titles II and III of Americans with Disabilities Act of 1990 as implemented by 28 CFR Part 35
Ref-00703 Universal Application Package or UA1016 (Rev. 2-11)

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