Current through Reg. 49, No. 52; December 27, 2024
(a) To the extent that Applications under
Department's rules or NOFAs allow for and/or require use of a Proposed
Development to participate in the 811 PRA Program, the Proposed Development
must satisfy the following criteria:
(1)
Unless the Development is also proposing to use any federal funding or has
received federal funding after 1978, the Development must not be originally
constructed before 1978;
(2) The
Development Site must be located in one of the following areas: Austin-Round
Rock MSA, Brownsville-Harlingen MSA, Corpus Christi MSA; Dallas-Fort
Worth-Arlington MSA; El Paso MSA; Houston-The Woodlands-Sugar Land MSA;
McAllen-Edinburg-Mission MSA; or San Antonio-New Braunfels MSA; and
(3) No new construction of structures shall
be located in the mapped 500-year floodplain or in the 100-year floodplain
according to FEMA's Flood Insurance Rate Maps (FIRM). Rehabilitation
Developments that have previously received HUD funding or obtained HUD
insurance do not have to follow subparagraphs (A) - (C) of this paragraph.
Except for sites located in coastal high hazard areas (V Zones) or regulatory
floodways, existing structures are eligible in these areas, but must meet the
following requirements:
(A) The existing
structures must be flood-proofed or must have the lowest habitable floor and
utilities elevated above both the 500-year floodplain and the 100-year
floodplain.
(B) The project must
have an early warning system and evacuation plan that includes evacuation
routing to areas outside of the applicable floodplains.
(C) Existing structures in the 100-year
floodplain must obtain flood insurance under the National Insurance Program. No
activities or projects located within the 100-year floodplain may be assisted
in a community that is not participating in or has been suspended from the
National Flood Insurance Program.
(b) The following requirements must be
satisfied for the Units that participate in the 811 PRA Program. Failure for a
Unit to meet these requirements does not make the entire Development
ineligible, rather only those Units.
(1) Units
in the Development are not eligible for Section 811 assistance if they have an
existing or proposed project-based or an operating housing subsidy attached to
them or if they have received any form of long-term operating subsidy within
six months prior to receiving Section 811 Rental Assistance Payments.
(2) Units with an existing or proposed 62 or
up age restriction are not eligible.
(3) Units with an existing or proposed
limitation for persons with disabilities are not eligible. A Development having
a preference for Persons with Disabilities, or a use restriction for Special
Needs Populations, which could include but is not limited to Persons with
Disabilities, is not a Unit limitation for purposes of this item.
(4) Units with an existing or proposed
occupancy restriction for households at 30% or below are not eligible, unless
there are no other Units at the Development.
(c) Developments cannot exceed the
integration requirements of the Department and HUD. Properties that are exempt
from the Department's Integrated Housing Rule at §
RSA
1.15 of this title (relating to Integrated
Housing Rule) are not exempt from HUD's Integration Requirement maximum of 25%.
The maximum number of units a Development can exclusively set aside or have an
occupancy preference for persons with disabilities, including Section 811 PRA
units is 25% of the total units in the Eligible Multifamily Property.
(d) Section 811 PRA units must be dispersed
throughout the Development.
