PURPOSE: This rule establishes the procedures for submitting proposals and the criteria and priorities for the approval or disapproval of such proposals.

1. (1) A proposal is defined as a written submission by one (1) or more housing provider organizations, state or local agencies of a proposed program for providing affordable housing units through the use, construction, rehabilitation, or grant of affordable housing rent subsidies or other eligible affordable housing activities to eligible persons or families in a manner consistent with the Missouri Housing Trust Fund.

2. (2) All proposals shall be made on the forms supplied by the commission.

   1. (A) Proposals for construction or rehabilitation of affordable housing units will include the following information:

      1. 1. The name(s) and address(es) of the

housing provider organization(s) proposing to provide affordable housing assistance activities which are part of the proposals;

1. 2. The location and number of afford-

able housing units to be provided;

1. 3. The neighborhood area to be served

by the proposed units;

1. 4. Why the program is needed;
2. 5. The time period for which the afford-

able housing units shall be provided;

1. 6. Total development cost of the devel-

opment and operating revenues and expenses;

1. 7. Plans for implementing the program;

and

1. 8. A list of all other subsidies, grants or

loans that will be received or have been requested, including low-income housing tax credits.

1. (B) Proposals for providing affordable housing units to eligible persons or families through an affordable housing rent subsidy program or other eligible affordable housing activities will include the following information:

   1. 1. The name(s) and address(es) of the

housing provider organization(s) that are part of the proposals; and

1. 2. A description of the affordable hous-

ing rent subsidy program or other eligible subsidy program or activities, including, but not by way of limitation, the organization's tenant selection criteria, the neighborhood or geographic area to be served, the number of persons to be served, the time period for which a person or family shall have a rent subsidy or other subsidy provided, why the program is needed, the estimated amount to be invested in the program, plans for implementing and monitoring the program or activity, and a list of all other subsidies that will be received or that have been requested to enhance the program. The commission may request any additional information it determines necessary to evaluate any proposal or plan.

1. (3) Proposals may be accepted for review and approval at times during the year at the discretion of the commission.
2. (4) All proposals must comply with the Missouri Housing Trust Fund limitations set forth in 4 CSR 170-7.010—4 CSR 170-7.050 and sections 235.035—235.038, RSMo.

3. (5) Factors to be considered in the approval or disapproval of a proposal to provide affordable housing units through the new construction or rehabilitation of units shall include, but not be limited to, the following:

   1. (A) Current availability of the site for development and the availability of utilities and services;
   2. (B) Applicability and/or permissiveness of current zoning;
   3. (C) Size of the development;
   4. (D) Level of the proposed rents;
   5. (E) Reasonableness of total development cost;
   6. (F) Financial strength and experience of the sponsor;
   7. (G) Experience and expertise of proposed management entity;

   8. (H) Market demand for units;

      1. (I) Period of time development will be available for very low income families;
   9. (J) Unit mix (small and large family units);
   10. (K) Geographic location (commission will try to disperse units throughout the state);
   11. (L) Development design;
   12. (M) Community support (city, county, and neighborhood). If comment from the chief elected official of the local governing body is not included in the application, the commission will notify the chief elected official and give him/her thirty (30) days to comment;
   13. (N) Correlation with existing and past redevelopment efforts; and
   14. (O) Consistency with all locally approved community or neighborhood development plans for the area.

4. (6) Factors to be considered in the approval or disapproval of a proposal to provide affordable housing units to eligible persons or families through a housing rent subsidy program or other eligible affordable housing activities other than rehabilitation or new construction shall include, but not be limited to, the following:

   1. (A) Current availability of existing rental units, utilities and services in the neighborhood where the rental subsidies or program are proposed to be given;
   2. (B) Financial strength of the entities responsible for the subsidy or eligible activity;
   3. (C) Experience and expertise of the entity responsible for the subsidy or eligible activity;
   4. (D) Number of eligible persons or families to be subsidized;
   5. (E) Period of time the subsidy program or activity will be available for low income families;
   6. (F) Community support (city, county and neighborhood). If comment from the chief elected official of the local governing body is not included in the application, the commission will notify the chief elected official and give him/her thirty (30) days to comment; and
   7. (G) Consistency with other approved community or neighborhood subsidy programs or activities.

5. (7) Applicants who have a complaint concerning the disposition of a proposal shall make their complaint to the commission according to the following procedure:

   1. (A) The complaint must be filed within ten

6. (10) days after receipt of notice by mail to each applicant of the disposition of the commission;

   1. (B) The complaint shall state the name of the applicant, the disposition of the commission of which the applicant complains, and a brief statement of the facts and reasons upon which the complaint is based;
   2. (C) The complaint shall be signed by the chief administrative officer of the complaining applicant;
   3. (D) If a complaint is filed requesting a hearing, the commission will set a date for an informal hearing and notify the applicant of the date at least ten (10) days before the hearing. The commission may begin the hearing not more than thirty (30) days after the last day for requesting a hearing;
   4. (E) Hearing will be informal but conducted with dignity and decorum. The hearing shall begin with a statement by the commission of the basis of the commission's determination against which a complaint has been made. Thereafter, the applicant shall state the complaint and present to the commission the facts and arguments as are relevant to the complaint; and
   5. (F) Within ten (10) days after the completion of the hearing, the commission shall notify the applicant of its determination, setting forth in writing the particular facts and conclusions upon which the determination is premised. If, as a result of any hearing, the commission finds its original determination incorrect, the commission shall correct its determination and notify the applicant immediately.

AUTHORITY: section 215.030(5), (12) and (19), RSMo (1994).* Original rule filed Sept. 18, 1995, effective Feb. 25, 1996.

*Original authority 1969, amended 1974, 1982, 1985, 1989, 1993.