TDHCA January 2022 Meeting Highlights

The TDHCA convened its board meeting at 10am, January 13, 2022 at the John H. Regan Building, JHR 140 1400 Congress Ave Austin, Texas 78701

January 13th Meeting Summary


Called to order 10:02am. Braden; Thomason absent.





  1. Executive Director’s Report
    • Rent relief started in February 2021- $1.97 billion dispersed in rent and utilities to 307,000 households. Prevented evictions for 20,000 households. For this month, TDHCA will continue to process some applications and appeals, with now less than 2% of funds available. TDHCA applied for more federal funding but not expecting a lot of money.
    • Homeowner assistance fund (HAF) still hasn’t received approval from HUD. 26 states have received approval. TDHCA aims to launch the program by February 21st
      1. Two HAF pilots – 1) Only open to homeowners with delinquent loans in the TDHCA portfolio 2) Only located in Hidalgo County. Pilot opened on 01.10.22 that will assist homeowners with property charges such as HOA condo fees, liens or insurance. 312 owners in the process/system. This will be a slow-moving program compared to rent relief since it’s focused more on creating long-term sustainable homeownership.
    • Multifamily real estate compliance – IRS released a notice
      1. 2018 9% HTC Awards:
        The Placed-in-Service deadline has been extended to December 31, 2022.2019 9% HTC Awards
        The 10% Test deadline has been extended to July 1, 2022.
        The Placed-in-Service deadline has been extended to December 31, 2023.2020 9% HTC Awards
        The 10% Test deadline has been extended to December 31, 2022.
        The Placed-in-Service deadline has been extended to December 31, 2023.

        2021 9% HTC Awards
        The 10% Test deadline has been extended to December 31, 2022.

    • 9% round started. TDHCA has received many applications.
    • About 1/3 of TDHCA staff (249 employees) currently work in the office. The rest are remote.

There are 10-15 TDHCA job vacancies


  1. Report on the 2023 QAP Development Plan
  • Plan was developed through the results of the survey given out by TDHCA
  • Big changes
    • There will be two rounds of QAP drafts, not just one – they would release a draft, receive comments on big changes, suggest those changes should be made, then get comments on those changes, then vote on it
    • Data analysis and research: periodically release results and ask for feedback using the departments web forum or list survey
    • Strategy for getting input:
      • In the past they have had 3-5 round tables – they normally don’t provide much in-depth discussion on a topic. Or gather enough back and forth dialogue.
      • Hosting 3 intensive work groups, separate from the roundtables – the workgroups will meet remotely for in-depth discussion and drafting focused on specific topics – the 3 topics for this year are all scoring items – proximity to jobs, underserved and tax credit density points, and tenant right of first refusal
    • Another approach is micro revisions -staff will draft preliminary language on various specific small sections – released and get feedback. For some of these issues that are seen will before the drafts are even released. It will be on the website very inclusive
    • We will do surveys on specific items – especially items that is hard to get consensus from in large groups
    • Roundtables in person – no virtual component – how many people like 50-70 people. Will most likely take place in a hotel or pickle center. Survey feedback said to keep them in Austin.




Presentation, discussion and possible action on an order proposing the repeal, and proposed new rule, for 10 TAC Chapter 1, Administration, Subchapter A, General Policies and Procedures, 1.5 Waiver Applicability in the case of federally declared disasters, and an order directing their publication for public comment in the Texas Register

  • Currently this rule states that when a federal waiver that is from a federal regulation and is put into the TDHCA rules – the executive director can also waive or suspend that rule. It’s a federal requirement so we put it in their rules. TDHCA is proposing to expand that authority – make sure that it would also apply to state statues – state statues on a state program and federal programs. For instance, a lot of the government code 2306 applies to tax credits so if the governor wanted to grant a waiver of one of those, but they could put it in a rule this will let that flow through and allow that same waiver process to happen. They are also going to let that rule apply when there’s a state disaster.
  • TDHCA will put this out for comment from January 28th to February 28th and then TDHCA will bring it back to you for final adoption. We are making it applicable for state issues – regardless of if it’s a state program or federal program.

Motion made by Thomas, seconded by Braden

Motion carries. The Board approves staff recommendation on Item 4 to repeal the old rule and publish the new draft rule.




Presentation, discussion, and possible action on approval of a Draft HOME-ARP Plan to be released for public comment and to release Notices of Funding Availability after plan acceptance

  • TDHCA was awarded $132.9M for HOME-ARP. Possible activities include rental assistance, development of affordable housing, supportive services, non-congregate emergency shelter, supportive housing, and NPO operating costs
  • These funds are built on the foundations of homes annual program with waivers and new activities that focus on homeless and other high-risk populations. It must be expended by October 2030. In October 2020 – TDHCA held 9 consultations on how we should use HOME-ARP – while the public input varied greatly – the biggest need was for capital investment in long-term solutions – this need is reflected in the board book.
    • Congregate shelters – Traditional shelter 1 or 2 large rooms
    • Non congregate shelters – households to have individual rooms, stop the sread of airborne viruses
  • Raise for public comments January 14 – January 31, 2022; if comments are not extensive, the executive director will proceed with submission to the plan to HUD without further board action. If there’s a lot of comments, then it will be put to the board in February. Under HUD approval plan – staff will release NOFAs for HOME ARP rental housing and HOME ARP non-congregate housing – each offered with capacity building and nonprofit operating cost assistance.
  • Staff acts to release these NOFA and expediate HOME ARP application cycles. HUD asked for a minimum of 15 days open for public comment, TDHCA has set it for 17 days.

On Item 5, the Board approves staff recommendation to publish the draft HOME-ARP Plan for public comment and publish the funding notices after plan approval.

Motion made by Braden, seconded by Thomas – motion passes.




Presentation, discussion, and possible action on delegation of authority to the Department’s Executive Director or designee to make up to $10,000,000 in awards to HUD-approved Housing Counseling Agencies to provide housing counseling and homebuyer education services for the Homeowner Assistance Fund

  • Live kickoff in mid to late February
  • Housing counseling elements to HAF program – 10 million for statewide coverage – US Treasury has specific guidelines to the state. There are currently 45-50 HUD approved agencies that could handle housing counseling across the state – board requests the flexibility to finalize the contract template for the housing counselors that we expect to contract with – also gives TDHCA flexibility to disperse 10 million for real budgets for organizations across the state – understanding that some areas of the state won’t have as much more participation or heavier pull – TDHCA wants to quickly meet with these organization for a quicker disbursement. TDHCA has heard from a lot of organizations that are interested in participating as housing counselors or intake centers – this will allow them to be ready to jump to action when the time comes.
  • Larger organizations across Texas have the capacity to serve in both roles, as an intake center and as a housing counselor – the only caveat is that if those organizations serve as intake and housing counseling – they still must meet the criteria for both – they have to show TDHCA that they have the capacity to do both. The goal is for people that are need of these services are able to work with organization/people from their own neighborhood – the local agencies can also help guide TDHCA in their future policy.
  • $10 million is total budget – anticipating the contracts TDHCA will sign will be 18 months unless in the policy that finds that is different.

On Item 6, the Board approves staff recommendation on the housing counseling awards for the new Homeowners Assistance Fund. Motion made by Thomas, seconded by Marchant  motion carries




  • Presentation, discussion, and possible action regarding a waiver of 10 TAC 11.1003(b) of the 2022 Qualified Allocation Plan relating to the Maximum Supplemental Request Limit for the Villas at Pine Grove (#19364) in Lufkin
  • Staff recommends denying the waiver request. If they deny the waiver, the project will not be feasible.
  • 68 unit in Lufkin and received an allocation of approximately $1 million in tax credits in 2019 round. Development has experienced price increases due to COVID and the winter freeze. If they get more funding, the amount will be deducted from the 2022 Competitive 9% ceiling. They aren’t eligible for House Trust or Multifamily Loans.

On Item 7a, the Board does not approve staff recommendation and grants the waiver request as amended by the Board. Cap at 15%, pending IRA approval. Motion made by Thomas and seconded by Braden

  • Presentation, discussion, and possible action regarding awards from the Multifamily Direct Loan (MFDL) 2021-3 Notice of Funding Availability (NOFA), as amended

On Item 7c, the Board approves staff recommendation to make the 2021-3 MFDL awards. Motion made by Braden, seconded by Marchant – motion passes.


ADJOURN @ 11:34 am

Next meeting February 10TH


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