2012 annual owners compliance report (aocr) training january 22, 2013

2012 Annual Owners Compliance Report

(AOCR) TrainingJanuary 22, 2013

Contact Information

Physical Address:TDHCA221 East 11th StreetAustin, Texas 78701

Mailing Address:TDHCAPO Box 13941Austin, Texas 78711-3941

Website: www.tdhca.state.tx.us

Phone Number: (512)475-2906 or 1(800)643-8201 (toll free in Texas only)

Patricia MurphyChief of Compliance

*A complete staff listing including direct phone numbers and email address is provided*

2

Annual Owner’s Compliance Report

Reports available in the Compliance Monitoring and Tracking System (CMTS) first week in January

All Parts now due April 30th for reporting data for January 1st – December 31st of the previous year

Rule moved from 10TAC§60.105 to 10TAC§10.603

3

Annual Owner’s Compliance Report (Cont’d)

Reports available in the Compliance Monitoring and Tracking System (CMTS) first week in January

All Parts now due April 30th for reporting data for January 1st – December 31st of the previous year

Rule moved from 10TAC§60.105 to 10TAC§10.603

4

Annual Owner’s Compliance Report (Cont’d)

This reporting year is for 2012 All answers and information should be

limited to activity that occurred January 1, 2012 to December 31, 2012

5

Why do we have to complete this report?

All rental program regulations require owners to annual certify compliance

For HTC program, see Treasury Regulation 1.42-5

Chapter 2306 of the Texas Government Code requires TDHCA to report information to the legislature and Governor’s office

REA uses data to underwrite new applications received by TDHCA

Asset Management uses the information to determine which properties are at risk and need additional oversight

6

Overview

All properties are required to submit the reports

The first report is due the 2nd year following the award

i.e. property awarded HTC’s in July of 2011. First report due 4/30/2013

Training will cover how to complete reports for properties that have not yet started leasing

7

Getting Started

Must have a user ID and password to access system and reports

Forms available on website http://www.tdhca.state.tx.us/

Must be signed by General Partner Electronic Compliance Reporting Filing

Agreement Owner’s Designation of Administrator

of Accounts

8

http://www.tdhca.state.tx.us/

Getting Started (Cont’d)

Forms available on the website:


This is the same place you access CMTS to login

10


Owners must request a user ID and password no later than 9/1 of the year following the award.

i.e. property awarded HTC’s in July of 2011. The CMTS Filing Agreement & Owner’s Designation of Administrator of Accounts forms must be submitted to the Department no later than 9/1/2012.

This helps in being prepared to submit the AOCR due 4/30/2013 timely

Required in 10TAC§10.603(a)

11

How to Access Reports

2 types of usernames are issued A username for the administration

Starts with admThis is the only username that can be

used to access all parts of the ACOR A username for the property manager

Starts with mgrCan only update Part B: Unit Status

Report (USR)

12

How to Access the Reports (Cont’d)

When you log in as the adm, this is what you see:

Will list here all of the properties associated with the adm username

13

How to Access the Reports (Cont’d)

To access the parts of the AOCR:

14

Basics

Use mouse or tab keys to navigate the system

Do not use “back” button Do not have to complete reports in their

entirety in one sitting; just make sure you Save as you go

Select the “submit” button to submit the report.

If there is still a link for the report, the report has not been submitted.

15

Part ACompliance Questions

16

Part A: Compliance Questions

To access the Compliance Questions, click Start New Report:

17


The reporting year for this report is 2012. Be sure to limit your responses to activities that

occurred January 1, 2012 to December 31, 2012

18


YES: If you choose YES, once you SAVE, it will direct you to the next screen to complete the Questionnaire

NO: If you choose NO, you will need to provide details explaining why the property was not occupied (ie. 2011 allocation of Housing Tax Credits and construction is not complete); If your property was not occupied, the report ends here!

19


Some answers will require you to include an explanation

Thing to include Unit number affected Dates of noncompliance If the noncompliance has already been

corrected Was the noncompliance identified by

TDHCA as part of an Onsite Monitoring Review or UPCS Inspection

The more detail provided, the less likely we will have to contact you for additional information to resolve an issue

20


YES: For new construction, if Certificates of Occupancy (CO’s) were received in 2012 For Acquisition/Rehabs, if the Rehab was placed in service 2012

NO: If all the buildings in the project were already placed in service before 1/1/2012

21

1. During this reporting period, have any buildings been placed in service for the first time?


YES: If all the occupancy requirements as outlined in the LURA have been met

NO: If there was an issue and, as a result, the occupancy requirements were not met; you will have to give the details.

22

2. During this reporting period, have the occupancy requirements in the Land Use Restriction Agreement/Regulatory Agreement (LURA) been met?


YES: If the Income Certification was received from each low income household at move in When required, the Income Certification completed annually For 100% low income HTC projects, the Annual Eligibility Certification was completed for all low income households before 12/31/2012

NO: Please give details

23

3. Has each low income household completed the Income Certification and/or the Annual Eligibility Certification (AEC) form(s) (Treasury Regulation 1.42-5(c)(1)(iii))?


YES: If you properly income qualified every low income household at move in and annually when required

NO: If a program unit was leased to a household that did not qualify If a program unit was leased to a household and there was not appropriate documentation to support that the household was eligible Please give details

24

4. For each low income household, has documentation been maintained to support the Income Certification Form (Treasury Regulation 1.42-5(c)(1)(iii))?


YES: If rents at all levels required by the LURA continuously met


25

5. During this reporting period, have the rent requirements in the LURA been met (Treasury Regulation 1.42-5(c)(1)(iv))?


YES: If the property is marketing the low income units Even if no units became available, as long as you are marketing, compliance can be demonstrated


26

6. If a low-income unit in the building became available during the reporting year, were all reasonable attempts made to rent that unit (or the next available unit of smaller or comparable size) to a low-income tenant before a market rate tenant (Treasury Regulation 1.42-5(c)(1)(ix))?


YES: If all units that have been vacant for more than 30 days are ready for occupancy (made ready) by 12/31/2012 (other than units down due to reported casualty loss)

NO: If any units vacant for more that 30 days as of 12/31/2012 have not been made ready; you will need to give details

27

7. Has each unit and/or building been suitable for occupancy (ready for move in), taking into account local, health and safety codes, or other habitability standards (Treasury Regulation 1.42-5(c)(1)(vi))?


YES: If any governmental entity (other than TDHCA) inspected the property and found any deficiencies/violations; please give details

NO: If any governmental entity (other than TDHCA) inspected the property and NO deficiencies/violations If no inspections occurred

28

8. Has the state or local government unit (other than TDHCA) responsible for making building code inspections issued a report of a violation for any unit and/or building (i.e. local code, health, safety inspections) (Treasury Regulation 1.42-5(c)(1)(vi))?


YES: If a casualty and/or disaster loss occurred during 2012, and it was NOT reported to TDHCA; please give details

NO: If casualty and/or disaster loss occurred in 2012 and it has already been reported If no casualty and/or disaster loss occurred in 2012

29

9. Did the development experience a casualty loss that has not already been reported to TDHCA?


YES: If there has been any change to any person/entity in the ownership structure and the Department was not notified Contact your Asset Manager

NO: If there was no change

30

10. During this reporting period, has there been a change in the General Partner or Ownership of the development that was not reported to or approved by TDHCA?


YES: If you have an Affirmative Marketing Plan that meets that requirements in 10TAC§10.612(d) If there are NO vacancies and the waitlist is closed, affirmative marketing is not required

NO: If there is no Affirmative Marketing Plan If there are NO vacancies, the waitlist has not been closed and there is no affirmative marketing plan Please give details

31

11. Has the development approved and distributed an Affirmative Fair Housing Marketing Plan as required in 10TAC§10.612(d)?


YES: If you are marketing to Persons with Disabilities in accordance with 10TAC§10.612(d)(3)(A) If you are marketing to the groups identified on your plan as least likely to apply If you are NOT marketing because there are NO vacancies and the waitlist has been closed

NO: If there is a plan but no marketing efforts have been conducted (either the Persons with Disabilities or the groups identified as least likely to apply) If you are NOT marketing because there are NO vacancies and the waitlist has been NOT been closed

32

12. Are marketing efforts and leasing activities conducted in accordance with the Affirmative Fair Housing Marketing Plan as required in 10TAC§10.612(d)?


Questions 13 – 25 are only for the Housing Tax Credit (HTC) and the HTC Exchange programs

If you do not have HTC or HTC Exchange funds, you are finished with the Questionnaire

33


YES: As of 12/31/2012, were there enough units in the project occupied with households who were income qualified and rent restricted to meet the minimum set-aside

NO: If for any project(s) in the development, the minimum set-aside was not met on 12/31/2012

34

13. Has the development met the minimum set-aside requirement of the 20/50 or 40/60 test under section 42(g)(1) (Treasury Regulation 1.42-5(c)(1)(i))?


YES: If there was an increase or a decrease in the applicable fraction as defined in the LURA for any building; please give details

NO: If there was no change to the applicable fraction of any building

35

14. During the reporting period was there a change in the applicable fraction (low income occupancy), as defined in section 42(c)(1)(B) for any building in the development (Treasury Regulation 1.42-5(c)(1)(ii))?


YES: If units are leased in a manner consistent with the general public use requirements If occupancy restrictions or preferences favor tenants

1) with special needs,2) who are members of a specified group under a Federal program or state

program or policy that supports housing for such a specified group, or3) who are involved in artistic or literary activities

NO: If units are not leased in a manner consistent with the general public use requirements If a residential unit is provided only for a member of a social organization or provided by an employer for its employeesYou will need to give details

36

15. During the reporting period, were all units in the development for use by the general public (as defined in section 1.42-9) (Treasury Regulation 1.42-5(c)(1)(v))?


YES: If a finding was cited that the development violated the Fair Housing Act; please give detail

NO: If a compliant was filed, but there was no finding of a violation If no compliant was filed

37

16. Did HUD, or an equivalent fair housing agency or a federal court find that the development violated the Fair Housing Act (Treasury Regulation 1.42-5(c)(1)(v))?


YES: If the rule was followed Post 15

NO: If there was an over income (OI) household and the next unit rented of smaller/comparable size was to a market household Even if the issue has since been corrected Please give detail

N/A: If 100% low-income and annual recertification is not required If you are mixed income no households income exceeded 140% of the current AMI for the household’s size

38

17. For mixed income projects where annual recertification's are required, if at recertification a household's income increased above 140% of the current income limit determined by minimum set-aside, was (or will) the next unit in the building of comparable or smaller size leased to a low income household (Treasury Regulation 1.42-5(c)(1)(x))?


YES: You will need to describe the nature of the change (i.e. a common area has become a commercial space or a fee is charged for a resident facility where the cost was initially included in eligible basis)

NO: NO

39

18. During the reporting period, has there been a change in eligible basis (Treasury Regulation 1.42-5(c)(1)(vii))?


YES: No fees charged for any residential facility If fees are charged, you are sure that the cost for that facility was excluded from eligible basis

NO: A fee is being charged for a resident facility for which the cost to construct that facility was included in the eligible basis calculation; you will need to give detail

40

19. Are all resident facilities that were included in eligible basis for any building in the project (such as swimming pools, other recreational facilities, or parking areas, etc.) provided on a comparable basis without charge to all residents in the buildings? (Treasury Regulation 1.42-5(c)(1)(viii))?


YES: You are doing leases for less than 6 months, but only for transitional housing for the homeless or SRO’s All initial lease terms are at least 6 months


41

20. Are all low income units in the development used on a non-transient basis (i.e. initial lease contracts require a minimum six month term), except for transitional housing for the homeless or single-room occupancy units rented on a month-by-month basis (Treasury Regulation 1.42-5(c)(1)(xii))?


21 & 22. Department records indicate that this question is not applicable to the development.

N/A: If for #21 and #22, this message appears, it means that, based on a reconciliation of Department records, the property is not required to have Nonprofit and/or HUB hold an ownership interest or materially participate

42


YES: Answer to confirm that the Nonprofit is in good standing and maintains an ownership interest Please describe how the Nonprofit materially participates

NO: If the Nonprofit is not in good standing If the Nonprofit does not hold an ownership interest If the Nonprofit does not materially participate Please give details

43

21. Department records (LURA, Form 8609, etc..) show that a Nonprofit is required to maintain an ownership interest in the development. Does a Nonprofit maintain an ownership interest in the development?


YES: Answer to confirm that the HUB is in good standing and maintains an ownership interest Please describe how the HUB materially participates

NO: If the HUB is not in good standing If the HUB does not hold an ownership interest If the HUB does not materially participate Please give details

44

22. The LURA requires a HUB (Historically Underutilized Business) to hold an ownership interest in the development. Does a HUB maintain an ownership interest in the development?


YES: If 2012 is the first year of the credit period for any project that comprises the development

NO: If 2012 was the 2nd year or later in the credit period

45

23. Is this reporting year the first year of the development's credit period?


YES: If your LURA has been signed by all parties, recorded in the county’s records and the original document has been returned to the Department

NO: If there is NO LURA If the LURA has not been fully executed (including signing, filing and/or returning original document)

46

24. Is there a fully executed and recorded LURA in effect (Treasury Regulation 1.42-5(c)(1)(xi))?


YES: If the intent is to group building(s) into project(s), define the projects here

NO: If the intent is to treat all building(s) as separate project(s)

8609 Issued: Form 8609 has been issued for all buildings and filed with the IRS

47

25. If the owner has not yet claimed credits and no Form 8609 has been issued, does the owner intend to treat the buildings as part of a multiple building project (Part II, line 8(b))?

Part A: Contact Information

You will need to update all contact fields for the Property, Management Company, Syndicator, Owner, Nonprofit and/or HUB if applicable

48


Make sure to review all contact information for the owner, syndicator, management company and property Including a valid email address Be sure to update with the contact person

you want receiving Department correspondence

You will not be able to submit these reports unless all contact information is completed

Only have to update Nonprofit/HUB contact information if applicable as defined by Department records

49


If there is not any contact information currently entered for the property, click Start New Report

50


If there is existing contact information, to review for accuracy and edits as needed, click Edit or View Before Submission

51


If you need to change existing information, you have to Delete then Add

To add missing information, click Add

52


To Add information:1. Click Add

2. Enter the prompted information and Submit Query

53

The Department database will be searched to determine if the record already exists


If the record exists, Assign to the property

54


If the record does not already exist, Add an Organization to the property

55


At minimum, must complete the fields in orange; SAVE

56


Once saved, update remaining information by clicking Add to each relevant field

57


Be sure to review the contact information for all parties and

update as needed. The Department solely relies on this

information and when it is incomplete/incorrect, the right

people don’t get the right information!!!

58

Part BUnit Status

Report (USR)

59

Part B: Unit Status Report

This should reflect occupancy as of 12/31/2012

If the property is still under construction, submit blank

Part A no longer requires race/ethnicity information to be reported

The Department will use the race/information from Part B for reporting purposes

60


To access the Unit Status Report, click Unit Status Report from the main login screen:

61


Click on Enter Unit Occupancy to start updating the USR:

62


From the list of Unit Numbers, select the unit you need to update:

63


To clear the screen to enter a new household’ s information:

Enter the Move Out Date

Then click New Household

64


To clear the screen to enter a new household’ s information:

Enter the Move Out Date

Then click Mark Vacant

65


Complete all relevant Household Information

66


Complete all relevant Household Composition data:

67


Don’t forget to SAVE!

68


To submit the USR, go back to the Unit Selection Screen and click Property details

69


At the Property detail screen, click Submit Reports

70


Choose the report you would like to submit and click Submit:

71


Enter the date the occupancy data you have entered is through:

Be sure to click Submit to TDHCA

72

Part CHousing for Persons with Disabilities

Report 73

Part C: Housing for Persons with Disabilities Report

To access the Housing for Persons with Disabilities Report, click Start New Report:

74


YES: If you choose YES, once you SAVE, it will direct you to the

next screen to complete the Questionnaire

NO If you choose NO, you will need to provide details explaining why the

property was not occupied (ie. 2011 allocation of Housing Tax Credits and construction is not complete); If your property was not occupied, the report ends here!

75


For all the following questions, be sure to answer in number format (7 vs. seven)

76


1. Enter the number of units occupied by persons 60 years old or older.

If a unit has any household member 60 or over, include them in the count.

For Example: Mary (35) and Bob (37) live with Mary’s elderly mother Agnes (89). Count this household as a unit occupied by a person 60 or older even though Agnes is not the head of household.

77


2. Enter the number of units occupied by person with a disability.

The answer to this question should reflect, to the best of your knowledge, the number of units that are occupied by a person with a disability, whether or not the property has documentation

78


3. Enter the number of units initially constructed or subsequently adapted for persons who have disabilities or other special needs.

Properties built for first occupancy after March of 1991 are subject to the design and construction standards of the Fair Housing Act. All ground floor units must meet some minimum accessibility requirements. Do not include these “Fair Housing units”

For Example: Mary (35) and Bob (37) live with Mary’s elderly mother Agnes (89). Count this household as a unit occupied by a person 60 or older even though Agnes is not the head of household.

79


4. Enter the number of those units which are occupied by such persons.

From the total units entered for question 3, now enter the number of these units that are occupied by any member of the household with disabilities and/or special needs.

If none, enter 0

80


5. Enter the number of units which were not constructed or adapted, but are occupied by persons who have a disability or other special need.

If your property has units leased to disabled persons who are not living in a unit constructed or adapted for persons with disabilities, enter the total number of those units in this field

81


After completing Questions 1-5, click SAVE You will then be directed to the accessibility

information for each unit on the property

82

Part 2: Accessibility Screen

83


For every unit on the property, an accessibility option must be selected:

Not Equipped, Mobility Equipped and / or Vision / Hearing Equipped.

Mobility Equipped and Vision / Hearing Equipped may be selected for the same unit.

If Not Equipped is selected, Mobility and / or Vision / Hearing Equipped may not be selected

84


An Accessibility Description section is available for more detailed information to describe the accessibility feature(s).

Examples of detailed descriptions: grab bars in master bathroom; lowered cabinets in kitchen; fully accessible; smoke detector modified for visual impairment needs. Mobility Equipped and Vision / Hearing Equipped may be selected for the same unit.

There will be 20 units displayed on each page. You must save after each set of 20 units before updating the next set of 20 units.

85

Part DOwners Financial

Certification

86

PART D: Owners Financial Certification

Two goals of this session-

How to fill out the Part D correctly? (changes in 2012 report)

Why is this information important?

87


Under Owner’s Financial Certification Report – Part D select “start new report”

88


YES: If you choose YES, once you SAVE, it will direct you to the

next screen to complete the Questionnaire

NO If you choose NO, you will need to provide details explaining why the

property was not occupied (ie. 2011 allocation of Housing Tax Credits and construction is not complete); If your property was not occupied, the report ends here!

89

PART D: Owners Financial Certification Annual Income

90


RESERVE FOR REPLACEMENT PAGE All properties answer Do not use $ sign or commas in your answer

Decimal points ok (I.e. 106504.32 instead of $106,504.32)

Beginning and ending balance are for 2012 data

91


ANNUAL OPERATING EXPENSE PAGE General & Administrative Expenses

92


ANNUAL OPERATING EXPENSE PAGE (Cont’d) Management Fees Payroll, Payroll Tax and Employee Benefits

93


ANNUAL OPERATING EXPENSE PAGE (Cont’d) Repairs & Maintenance

94

PART D: Owners Financial CertificationANNUAL OPERATING EXPENSE PAGE (Cont’d) Utilities Expense Other Operating Expenses

95


ANNUAL OPERATING EXPENSE PAGE (Cont’d) Other Operating Expenses (Cont)

96


ANNUAL OPERATING EXPENSE PAGE (Cont’d) Debt Service Payments (include TDHCA loans)

97


ANNUAL OPERATING EXPENSE PAGE (Cont’d) New section detail- Capitol Improvements

Total will calculate and should be consistent with information previously entered on form

98


Submit the Report- New statement added to Part D certifying that the information is

“true and correct”

99


HELPFUL HINTSData enter income & expense figures without commas

Income & Expense figures should be annual, NOT monthly values

Always choose to “Calculate Totals, Save and Return” to page to check calculations

Check that auto-populated numbers are correct

Enter a figure for “Annual Debt Service” and the loan information. If no debt payments are required “0” is acceptable along with explanation.

100


Why is Part D information important?

Sources of Expense Information

Local apartment associations Applicant’s own historical experience in property management IREM (Institute of Real Estate Management) TDHCA database includes up to 5 size categories in 13 state service regions

Updated Annually Available on our web site Used for underwriting new applications and reviewing cost certification information (estimated operating expenses)

101


102


103


104

Tools

2013 Regional Operating Expense Database (PDF) - year-end 2011 data 2013 Statewide Operating Expense Database (PDF) - year-end 2011 data HTC Applicable Percentages and Calculation of Underwriting Rates to b

e Used (PDF) or (XLS) - updated 2/1/13

Real Estate Analysis is providing this data as advisory and indicative and solely as a point of reference. Factors affecting operating expenses (such as development type, size, location and age, as well as target population and management philosophies) may vary, and the user should consider these possible deviations. For that reason, under no circumstances should it (or any derivative thereof) be used in whole or in part for developing an operating expense pro forma for any specific project, except in a purely theoretical environment for comparative purposes.

For more information, please contact a Real Estate Analysis staff member.

http://www.tdhca.state.tx.us/readocs/13-RegOperatingExpenseDB.pdf

http://www.tdhca.state.tx.us/readocs/13-StateOperatingExpenseDB.pdf

http://www.tdhca.state.tx.us/readocs/HTCrates.pdf

http://www.tdhca.state.tx.us/readocs/HTCrates.pdf

http://www.tdhca.state.tx.us/readocs/HTCrates.xls

http://www.tdhca.state.tx.us/rea/contacts.htm


TDHCA Actual Average Operating Expense Statements as of Year End 2010:

OPERATING EXPENSE

PER UNIT

PER Sq. Ft.

AVERAGE (annual) 135.08 Units

AVERAGE (annual)

126,403 Sq. Ft.

CONTROLLABLE PER UNIT

General & Administrative

$353 $0.39

$47,632 $49,222 $353

Management $334 $0.37

$45,056 $46,532

Payroll & Payroll Tax $1,007

$1.10

$136,017 $139,217 $1,007

Repairs & Maintenance

$516 $0.56

$69,765 $70,779 $516

Utilities $457 $0.51

$61,689 $64,820 $457

Water, Sewer & Trash $583 $0.63

$78,806 $79,865 $583

Insurance $500 $0.54

$67,593 $68,528

Property Tax $509 $0.54

$68,697 $68,384

Reserve for Replacement

$243 $0.27

$32,817 $33,870

Total Expenses $4,501

$4.91

$608,072 $621,217 $2,916

105


Additional Documents to Submit

Reserve Account Information Form

Rent Roll as of 12/31/2012

Annual Operating or Financial Statements for 2012 showing Replacement reserve account balance Capital improvementsStatement from owner if reserve account was used for expenses other than necessary repairs, or if balance or deposits were not made in compliance with TDHCA or lender requirements

106


Additional Documents to Submit (cont)

Property Insurance Certificate

Reserve Account Bank Statements as of 12/31/2012

Tax Statement for 2012 (receipt of payment)

Signed certification or statement from 1st Lien Lender stating the following

Reserve requirements of Lender Monitoring standards of Lender to ensure compliance with requirementStatement indicating that the owner has met all reserve requirement

Electronic copies (Adobe PDF) can be sent to [email protected]

107

Asset Management Division

Contact information for Asset Management staff can be found on our webpage at http://www.tdhca.state.tx.us/asset-management/contacts.htm

108

http://www.tdhca.state.tx.us/asset-management/contacts.htm

http://www.tdhca.state.tx.us/asset-management/contacts.htm

Asset Management Division

109

Part EForm 8703

110

Part E: Form 8703

What is it? Annual Certification of Residential Rental

Project Only have to complete if you have Tax

Exempt Bonds through the Department

Part I: General Information Part II: Annual Determinations Part III: Issuer and Description of

Bonds Part IV: Certification

111

Part E: Form 8703

Due to the Internal Revenue Service (IRS) by March 31st after the close of the calendar year for which the certification was made

Submit a copy of the filed form for the proceeding calendar year by April 30th to the Department

112

Part E: Form 8703

Not a report that is entered in CMTS like all other parts

Submit a copy of the form via email to

[email protected]

113

mailto:[email protected]


Part E: Form 8703

Part I: General Information

114

Part E: Form 8703

Part II: Annual Determinations

115

Part E: Form 8703

Part III: Issuer and Description of Bonds

116

Part E: Form 8703

Part IV: Certification

117

What’s Next?

Department Follow Up

118


Have all parts of the report

been submitted?

119


On May 1st, the Department will identify properties that have not submitted all parts of the report

Notice of Noncompliance sent to properties

The Notification will identify which part(s) has/have not been submitted

30 day corrective action period given to submit the missing part(s)

Extensions are not available120


After the corrective action period, form(s) 8823 will be sent to IRS reporting all HTC properties that have not submitted Part A

All properties that have not submitted all parts of the report are “scored” in the Department’s Compliance Status SystemUncorrected 10 pointsCorrected 3 points

121


A review of the answers

in Part A

122


A report is run comparing anticipated answers to the Part A questions to actual answers i.e. The anticipated answer to a

question is “yes” and the submitted response is “no”

If this review suggests that noncompliance has occurred based on the answer, a Notice of Noncompliance will be sent to those owners requesting clarification

30 day response period123


If the owner does not respond, 8823s are issued for HTC properties

All non responsive properties are scored in the Department’s Compliance Status System under the finding “Owner failed to submit annual certification”Uncorrected 10 pointsCorrected 3 points

124


If the owner responds during the 30 day period and clarifies that the question was answered incorrectly; if reasonable, review closed with no further action

125


If owner responds that the property was out of compliance, the file is reviewed to determine if the Department was already aware of the issue. If so, reviewed closed with no further action

If TDHCA was not aware of issue, action taken as appropriateFiling Form 8823Scoring in the Department’s

Compliance Status System126

Who to Contact with Questions

Type of Issue Contact Phone

CMTS James Roper 512.657.5880

Part A, B and/ or C Content2012

Stephanie NaquinWendy Quackenbush

512.475.2330512.305.8860

Part D The property’s Asset Manager

See assignments

Part E Carolyn Magill 512.475.3969

All Department email contacts are in the following format:

[email protected]

127


The End!Thanks for

Coming

128