Rules & Regulations of the State of Tennessee
Title 0770 - Housing Development
Chapter 0770-03-02 - Development and Operation
Section 0770-03-02-.06 - COMPLETION OF REHABILITATION
Universal Citation: TN Comp Rules and Regs 0770-03-02-.06
Current through September 24, 2024
(1) Notification of Completion.
(a) The Owner must notify the
Agency when the work is completed and submit to the Agency the evidence of
completion and certifications described in Rule 0770-3-2-.06(2) and
(3).
(2) Evidence of Completion.
(a) Completion of the unit(s) must
be evidenced by furnishing the Agency with the following:
1. A certificate of occupancy and/or other
official approvals as required by the locality.
2. A certification by the Owner that:
(i) The unit(s) has been completed in
accordance with the requirement of the Agreement-,
(ii) The unit(s) is in good and tenantable
conditions;
(iii) The unit(s) has
been rehabilitated in accordance with the applicable zoning, building, housing
and other codes, ordinances or regulations, as modified by any waivers obtained
from the appropriate officials;
(iv) Any unit(s) built prior to 1950 is in
compliance with applicable HUD Lead Based Paint regulations ( 24 CFR Part 35
);
(v) If applicable, the Owner has
complied with the provisions of the Agreement relating to the payment of not
less than prevailing wage rates and that to the best of the Owner's knowledge
and belief there are no claims of underpayment concerning alleged violations of
said provisions of the Agreement. In the event there are any such pending
claims to the knowledge of the Owner or Agency, the Owner will be required to
place a sufficient amount in escrow, as determined by the Agency, to assure
each payments; and
(vi) If there
are units in the budding which will not be assisted under the Program, the
units comply with the Housing Quality Standards specified in Section
0770-3-1-.04.
(vii) Notice of
Completion has been properly filed in the appropriate county register of deeds
office.
(3) Actual Cost and Rehabilitation Loan Certifications.
(a) The Owner must provide the
Agency with a certification of the costs incurred for the rehabilitation and
any temporary relocation as well as the interest rate and term (if the total
cost of rehabilitation under the Agreement is less than $15,000) of any
rehabilitation loan. The Owner must certify that these are the actual costs,
interest rate, and term (where applicable). The Agency must review for
completeness and accuracy and accept these certifications subject to the right
of post audit. The Agency must then establish the Contract Rents which will be
subject to reduction based on a post audit.
(4) Review and Inspections.
(a) Within ten working days of the receipt of
the evidence of completion, the Agency must review the evidence of completion
for compliance with paragraph (b) of this section.
(b) Within the same time period, an Agency
representative must inspect the unit(s) to be assisted to determine that the
unit(s) has been completed in accordance with the Agreement and meets the
Housing Quality Standards or other standards approved by HUD for the Program.
If the inspection discloses defects or deficiencies, the inspector must report
these in detail.
(5) Acceptance.
(a) If the Agency determines from
the review and inspection that the unit(s) has been completed in accordance
with the Agreement, the Unit(s) will be accepted.
(b) If there are any items of delayed
completion which are minor items or which are incomplete because of weather
conditions, and in any case which do not preclude or affect occupancy, and all
other requirements of the Agreement have been met, the unit(s) may be accepted.
An escrow fund determined by the Agency to be sufficient to assure completion
for items of delayed completion will be required, as well as a written
agreement between the Agency and the Owner, to be included as an exhibit to the
Contract, specifying the schedule for completion. If the items are not
completed within the agreed time period, the Agency may terminate the Contract
or exercise other rights under the Contract.
(c) If other deficiencies exist, the Agency
must determine whether and to what extend the deficiencies are correctable, and
whether the Contract Rents should be reduced. The Owner must be notified of the
Agency's decision. If the corrections required by the Agency are possible, the
Agency and the Owner must enter into an agreement for the correction of the
deficiencies within a specified time. If the deficiencies are corrected within
the agreed period of time, the Agency will accept the unit(s).
(d) Otherwise, the unit(s) may not be
accepted, and the Owner must be notified with a statement of the reasons for
nonacceptance.
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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