Current through Register Vol. 49, No. 18, September 16, 2024
(1) As used in this chapter, all terms not
otherwise defined herein shall have the meanings set forth in the state housing
act and, as applicable, in
4 CSR 170-1.100. For
purposes of this chapter, the following terms shall have the following
meanings:
(A) Adjusted income. An amount equal
to adjusted income as such amount is defined under Title 24,
Code of
Federal Regulations, Part 5, published annually in April, herein
incorporated by reference and made a part of this rule, as published by the
United States Superintendent of Documents, 732 N Capital Street N W,
Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202)
512-1800, website:
http://bookstore.gpo.gov. This rule does
not incorporate any subsequent amendments or additions;
(B) Advisory committee. The advisory
committee shall be the committee established and maintained under
4 CSR
170-7.100(2);
(C) Affordable housing unit. A residential
unit generally occupied by persons and families with incomes at or below the
levels described in this rule and charging a gross rental rate no greater than
the levels set forth in section 215.037.1., RSMo (as the same may be amended
from time-to-time), reduced by the utility allowance, if applicable;
(D) Applicant(s). Shall refer to any entity
applying for a grant or loan of Missouri Housing Trust Fund (MHTF) funds by
submitting a proposal application form to the Missouri Housing Development
Commission (commission);
(E)
Application proposal guide. The application proposal guide adopted by the trust
fund department from time-to-time pursuant to
4
CSR 170-7.300(3);
(F) Commissioners. The appointed and ex
officio members of the commission or their lawfully authorized
designees;
(G) Committee of
directors. The committee of directors shall be a three (3) person committee
comprised of the commission's director, director of rental production, and
director of finance;
(H) Competent
and substantial evidence. Evidence that is reliable and probative and which a
reasonable mind could accept as adequate to support a conclusion (i.e.,
evidence upon which the party rendering a determination could reasonably base
its decision);
(I) Compliance
period. The compliance period set forth in the applicable land use restriction
agreement or regulatory agreement recorded on the MHTF development pursuant to
the requirements of this chapter;
(J) Eligible low income persons or families
at or below fifty percent (50%) of median income, adjusted for family size.
Persons or families whose household combined, adjusted income is equal to or
less than the percentages set forth in section 215.036.2., RSMo (as the same
may be amended from time-to-time);
(K) Eligible low income persons or families
at or below twenty-five percent (25%) of median income, adjusted for family
size. Persons or families whose household combined, adjusted income is equal to
or less than the percentages set forth in section 215.036.3., RSMo (as the same
may be amended from time-to-time);
(L) MHTF development(s)/MHTF activity. Any
development or activities eligible for assistance under section
215.038,
RSMo (as the same may be amended from time-to-time);
(M) Housing provider organization. Any
organization or firm performing housing development activities, community
services, or economic activities in Missouri;
(N) Grantee(s). Any entity receiving a grant
of MHTF funds under this chapter;
(O) MHTF. The Missouri Housing Trust Fund, as
codified in sections 215.034-215.039, RSMo, (as may be amended from
time-to-time);
(P) MHTF NOFA. A
notice of funding availability (NOFA) for MHTF funds as approved from
time-to-time by the commission pursuant to
4
CSR 170-7.300(2);
(Q) Missouri Metropolitan Continua of Care.
Collectively, the St. Louis City Continua of Care (City of St. Louis,
Missouri), St. Louis County Continua of Care (St. Louis County), Kansas City
Continua of Care (Jackson County), St. Joseph Continua of Care (Andrew County,
DeKalb County, and Buchanan County), Joplin Continua of Care (Jasper County and
Newton County), Springfield Continua of Care (Christian County, Green County,
and Webster County) and St. Charles Continua of Care (Lincoln County, Warren
County, and St. Charles County);
(R) Proposal. A written application by one
(1) or more housing provider organizations requesting MHTF funds for any MHTF
development/MHTF activity in order to provide assistance to eligible persons or
families in a manner consistent with the MHTF;
(S) Proposal application form. The
application form adopted by the trust fund department from time-to-time
pursuant to
4
CSR 170-7.300(1);
(T) Recaptured funds. All MHTF funds
recaptured pursuant to
4
CSR 170-7.400(2);
(U) Trust fund manager. The individual hired
by the director to manage and supervise the trust fund department;
(V) Trust fund department. The department
established by the director to administer all MHTF funds awarded by the
commission; and
(W) Utility
allowance. The utility allowance for purposes of calculating gross rent under
section 215.037.1., RSMo (as the same may be amended from time-to-time), shall
be calculated using the method set forth under Treas. Reg. Section
1.42-10(b)(4)(ii)(B) (T.D. 8520, 59 FR 10073, March 3, 1994, as amended by T.D.
9420, 73 FR 43867, July 29, 2008), herein incorporated by reference and made a
part of this rule, as published by the Office of the Federal Register, National
Archives and Records Administration, 800 North Capitol Street N W, Suite 700,
Washington, DC 20001, phone: (202) 741-6000, website:
http://www.archives.gov/federal-register/. This rule does not incorporate any
subsequent amendments or additions. If the local utility company is unable or
unwilling to provide estimates necessary for calculating the utility allowance
under such section, the method for calculating utility allowances set forth in
Treas. Reg. Section 1.42-10(b)(4)(ii)(A) (T.D. 8520, 59 FR 10073, March 3,
1994, as amended by T.D. 9420, 73 FR 43867, July 29, 2008), herein incorporated
by reference and made a part of this rule, as published by the Office of the
Federal Register, National Archives and Records Administration, 800 North
Capitol Street N W, Suite 700, Washington, DC 20001, phone: (202) 741-6000,
website:
http://www.archives.gov/federal-register/
shall be used. This rule does not incorporate any subsequent amendments or
additions.
*Original authority: 215.030, RSMo 1969, amended 1974,
1982, 1985, 1989, 1993, 1995, 1998.