Rules & Regulations of the State of Tennessee
Title 0770 - Housing Development
Chapter 0770-03-02 - Development and Operation
Section 0770-03-02-.03 - ASSISTANCE TO OWNERS AND SELECTION OF UNITS
Universal Citation: TN Comp Rules and Regs 0770-03-02-.03
Current through September 24, 2024
(1) Initial Inspection.
(a) For all proposals not
rejected in the initial screening, the Public Housing Authority must inspect
the property with the Owner and tenant(s) if possible. A determination must be
made by the Public Housing Authority as to the specific work items which need
to be accomplished to bring the unit(s) to be assisted up to the Housing
Quality Standards specified in Section 882.109 and Section 882.405 (or other
standards as approved in the Public Housing Authority's application) and/or to
repair or replace major building systems or components in danger of failing.
The Public Housing Authority, as soon as possible following the inspection,
must provide the Owner with a written list of deficiencies.
(2) Preliminary Feasibility Analysis.
(a) A rough cost estimate and cash
flow analysis of the property following rehabilitation must be made by the
Public Housing Authority. A determination of the necessity for any permanent
displacement and/or temporary relocation and a preliminary estimate of the cost
of any temporary relocation must be made by the Public Housing Authority. If
the proposal is determined to be feasible, analysis of additional energy
conserving improvements which may be cost effective and which may be
accomplished within the Fair Market Rent limitations of the Program must be
made. The Owner must be required to provide energy conserving improvements in
accordance with Section 882.405 (a). A preliminary estimate of Gross Rents
should be made based upon the estimates of rehabilitation, temporary relocation
and energy conserving improvements costs.
(3) Selection of proposals.
(a) After the initial inspection and
preliminary feasibility analysis, the Public Housing Authority should select
among Owner proposals those proposals which it will approve. The Public Housing
Authority must establish a method of selecting among Owner proposals and must
make this method known to any Owner submitting or planning to submit a
proposal. Proposals must be approved in accordance with criteria established by
the Public Housing Authority, including any Public Housing Authority rules for
preferences as approved by HUD (see Section 882.503 (b) (4) (ii)) and in
accordance with the following requirements:
1.
No proposal found infeasible by the Public Housing Authority in the preliminary
feasibility analysis may be approved unless the Owner can demonstrate that the
allowable rent win be sufficient to rehabilitate, manage and maintain the
unit(s) adequately;
2. If, during
the preliminary feasibility analysis, it is determined by the Public Housing
Authority that the work necessary to bring a unit(s) to the Housing Quality
Standards, or other standards approved for the Program, or to repair or replace
major systems is not sufficient to meet the $1,000 per unit minimum amount of
rehabilitation requirement, that unit(s) may not be assisted under the
Program.
3. If a unit(s) does not
meet the requirement of the preceding subdivision of this rule but the Owner is
proposing to accomplish at least $1,000 per unit of rehabilitation by including
work to make the unit(s) accessible to a handicapped or disabled individual
occupying the unit(s) or expected to occupy the unit(s), the Agency may approve
such units not to exceed 5 percent of the units under its Program. The
rehabilitation must make the Unit(s), and access and agrees to the unit(s),
barrier-free with respect to the handicap or disability of the individual in
residence or expected to be in residence.
4. A preference must be provided to those
proposals which indicate in the preliminary feasibility analysis the greatest
dollar amount of necessary rehabilitation per unit. This preference need not be
adhered to strictly if the Agency is proposing to use the Program for
deconcentration and the proposals indicating the greatest amount of
rehabilitation are located in areas of minority concentration.
5. Prior to the approval of any unit(s) owned
by a State or unit of general local government, the Agency must contact HUD and
request HUD review of the site. The Agency may not enter into an Agreement on
any such unit(s) until HUD approval of the site is obtained and the State or
unit of general local government has sold the unit(s) to another
Owner.
(4) Notification of Owners.
(a) When the Agency
has selected the proposals which it plans to approve, the Agency must notify
all Owners specifying:
1. Whether their
proposal has been rejected or approved;
2. If the proposal was rejected, the
reason(s) for rejection and the Owner's right to appeal to the
Agency;
3. The tentative number of
units to be assisted; and
4. That
the Owner should request all tenants residing in units tentatively selected for
participation in the Program to contact the Agency to submit an application for
rental assistance.
(5) Selection of Units.
(a) Tennessee Housing Development Agency will
take the applications and determine the eligibility of all tenants residing in
approved units who wish to apply for the Program. After eligibility of all
tenants has been determined, the Owner will be informed of any adjustment in
the number of units to be assisted. In order to make the most efficient use of
housing assistance funds, an Agreement may not be entered into covering any
unit occupied by a family which is not eligible to receive housing assistance
payments. Therefore, the number of units approved by the Agency for a
particular proposal will be adjusted to exclude any unit(s) determined by the
Agency to be occupied by a family not eligible to receive housing assistance
payments. Eligible Families must also be briefed at this stage as to their
rights and responsibilities under the Program.
(6) Work Write-ups and Cost Estimates.
(a) Should the Owner agree with the
assessment of the Agency as to the work that must be accomplished, the
preliminary feasibility of the proposal, and the number of units to be
assisted, the Owner, with the assistance of the Agency where necessary, will
prepare detailed work write-ups including specifications and plans (where
necessary) so that a cost estimate may be prepared. The work write-up will
describe how the deficiencies specified in Rule 0770-3-2-.03(1) are to be
corrected including minimum acceptable levels of workmanship and materials.
From this work write-up, the Owner, with the assistance of the Agency, must
prepare a cost estimate for the accomplishment of all items specified in this
section. While this work write-up may include items of routine maintenance or
other items which are not among the deficiencies specified in the initial
inspection (0700-3-2-.03(l)) these extra items may not be included in the
rehabilitation cost upon which the Contract Rent(s) is based.
(7) Selection of Contractor.
(a) Tennessee Housing Development Agency
should discuss with the Owner the selection of a competent contractor to
undertake the rehabilitation. The Agency will provide the Owner a list of
contractors, including minority contractors, and will require that these
contractors be provided an opportunity to submit bids or proposals for the
work. The Agency will also, to the fullest extent possible, promote
opportunities for minority contractors to participate in the Program.
(8) Feasibility Analysis.
(a) After a firm price has been secured from
the contractor selected by the Owner, a feasibility analysis of the proposal
will be conducted by the Agency. This analysis will be similar to the
preliminary analysis specified in Rule 0770-3-2-.03(2). The work to be
accomplished and/or rents to be specified in the Agreement may be adjusted to
reflect the contractor's price.
(9) Financing.
(a) Tennessee Housing Development Agency will
finance the cost of rehabilitating the unit and provide the permanent mortgage.
The Agency may provide the construction financing in some instances.
(10) Lease Form.
(a) Tennessee Housing Development Agency must
approve all lease forms. All forms must meet the necessary requirements of
Tennessee Law and such other federal requirements as are necessary pursuant to
24 C.F.R. 882.
Authority: T.C.A. § 13-23-115(18).
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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