| (B) is owned by a Development Owner that includes a
governmental entity or a qualified non-profit which provides temporary
housing and supportive services to assist such individuals in, among
other things, locating and retaining permanent housing. The limited
kitchen facilities in individual Units must be appropriately augmented
by suitable, accessible shared or common kitchen facilities.
(128) Underwriter--The author(s) of the Credit Underwriting
Analysis Report.
(129) Uniform Physical Condition Standards (UPCS)--As
developed by the Real Estate Assessment Center of HUD.
(130) Unit--Any residential rental unit in a Development
consisting of an accommodation, including a single room used as an
accommodation on a non-transient basis, that contains complete physical
facilities and fixtures for living, sleeping, eating, cooking and
sanitation.
(131) Unit of General Local Government--A city, town,
county, village, tribal reservation or other general purpose political
subdivision of the State. For purposes of §11.9 of this title
(relating to Competitive HTC Selection Criteria) Unit of General Local
Government shall have the meaning given in that section.
(132) Unit Type--Units will be considered different
Unit Types if there is any variation in the number of bedroom, bathrooms
or a square footage difference equal to or more than one-hundred twenty
(120) square feet. For example: A two Bedroom/one bath Unit is considered
a different Unit Type than a two Bedroom/two bath Unit. A three Bedroom/two
bath Unit with 1,000 square feet is considered a different Unit Type
than a three Bedroom/two bath Unit with 1,200 square feet. A one Bedroom/one
bath Unit with 700 square feet will be considered an equivalent Unit
Type to a one Bedroom/one bath Unit with 800 square feet.
(133) Unstabilized Development--A development with
Comparable Units that has been approved for funding by the Department's
Board of Directors or is currently under construction or has not maintained
a 90 percent occupancy level for at least twelve (12) consecutive
months following construction completion. A development may be deemed
stabilized by the Underwriter based on factors relating to a development's
lease-up velocity, Sub-Market rents, Sub-Market occupancy trends and
other information available to the Underwriter. The Market Analyst
may not consider such development stabilized in the Market Study.
(134) Urban Area--The area that is located within the
boundaries of a primary metropolitan statistical area or a metropolitan
statistical area other than an area described by paragraph (112)(B)
of this subsection or eligible for funding as described by paragraph
(112)(C) of this subsection.
(135) U.S. Department of Agriculture (USDA)--Texas
Rural Development Office (TRDO) serving the State of Texas.
(136) U.S. Department of Housing and Urban Development
(HUD)-regulated Building--A building for which the rents and utility
allowances of the building are reviewed by HUD.
(137) Utility Allowance--The estimate of tenant-paid
utilities made in accordance with Treasury Regulation §1.42-10
and §10.607 of this chapter (relating to Utility Allowances).
(138) Work Out Development--A financially distressed
Development for which the Owner and/or a primary financing participant
is seeking a change in the terms of Department funding or program
restrictions.
(b) Request for Staff Determinations. Where the definitions
of Development, Development Site, New Construction, Rehabilitation,
Reconstruction, Adaptive Re-use and Target Population fail to fully
account for the activities proposed in an Application, an Applicant
may request and Department staff may provide a determination to an
Applicant explaining how staff will review an Application in relation
to these specific terms and their usage within the applicable rules.
Such request must be received by the Department prior to submission
of the pre-application (if applicable to the program) or Application
(if no pre-application was submitted). Staff's determination may take
into account the purpose of or policies addressed by a particular
rule or requirement, materiality of elements, substantive elements
of the development plan that relate to the term or definition, the
common usage of the particular term, or other issues relevant to the
rule or requirement. All such determinations will be conveyed in writing.
If the determination is finalized after submission of the pre-application
or Application, the Department may allow corrections to the pre-application
or the Application that are directly related to the issues in the
determination. It is an Applicant's sole responsibility to request
a determination and an Applicant may not rely on any determination
for another Application regardless of similarities in a particular
fact pattern. For any Application that does not request and subsequently
receive a determination, the definitions and applicable rules will
be applied as used and defined herein. Such a determination is intended
to provide clarity with regard to Applications proposing activities
such as: scattered site development or combinations of construction
activities (e.g. Rehabilitation with some New Construction). An Applicant
may appeal a determination for their Application if the determination
provides for a treatment that relies on factors other than the explicit
definition. A determination cannot be challenged by any other party.
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