The following words and terms, when used in this chapter, shall have the following meanings unless the context or the Notice of Funding Availability (NOFA) indicates otherwise. Other definitions may be found in Texas Government Code, Chapter 2306 and Chapter 1 of this title (relating to Administration).

1. (1) Activity--A form of assistance provided to a Household or Administrator by which single family funds are used for acquisition, new construction, reconstruction, rehabilitation, refinance of an existing mortgage or tenant-based rental assistance for single family housing.
2. (2) Administrator--A unit of local government, nonprofit corporation or other entity who has an executed written Agreement or Contract with the Department.
3. (3) Agreement--Same as "Contract." May be referred to as a "Reservation System Agreement" or "Reservation Agreement" when providing access to the Department's reservation system as defined in this chapter.
4. (4) Amortized--A loan in which the principal as well as the interest, if applicable, is payable monthly or in some other periodic installment over the term of the loan.
5. (5) Annual Income--The definition of Annual Income and the methods utilized to establish eligibility for other types of housing assistance as defined under the Program Rule.
6. (6) Applicant--An individual, unit of local government, nonprofit corporation or other entity who has submitted to the Department an Application for Department funds or other assistance.
7. (7) Application--A request for a contract award or to participate in a reservation system submitted to the Department in a form prescribed by the Department, including any exhibits or other supporting material.
8. (8) Chapter 2306--Texas Government Code, Chapter 2306.
9. (9) Combined Loan to Value (CLTV)--The aggregate principal balance of all the mortgage loans, including Forgivable Loans, divided by the appraised value.
10. (10) Competitive Application Cycle--A defined period of time that Applications may be submitted according to a published Notice of Funding Availability (NOFA) that will include a submission deadline and selection or scoring criteria.
11. (11) Conforming Mortgage Loan--A first-lien loan that meets Federal Housing Administration (FHA), U.S. Department of Agriculture (USDA), U.S. Department of Veterans Affairs (VA), and Fannie Mae or Freddie Mac guidelines.
12. (12) Contract--The executed written Agreement between the Department and an administrator performing an Activity related to a single family program that describes performance requirements and responsibilities assigned by the document. May also be referred to as "agreement."
13. (13) Contract Administrator (CA)--Same as "Administrator."
14. (14) Deferred Payment Loan--Any loan which includes deferral of payments.
15. (15) Deobligate--The cancellation or release of funds as a result of the termination or reduction of a Contract or Agreement between the Department and the Administrator.
16. (16) Department--The Texas Department of Housing and Community Affairs as defined in Chapter 2306.
17. (17) Developer--Any person, general partner, or affiliate of a person who owns or proposes a Development or expects to acquire control of a Development and is the person responsible for performing under the contract with the Department.
18. (18) Domestic Farm Laborer--Individuals (and the family) who receive a substantial portion of their income from the production or handling of agricultural or aquacultural products.
19. (19) Draw--Funds requested by the Administrator, approved by the Department and subsequently disbursed to the Administrator.
20. (20) Executive Director--Director of the Department, as defined in Chapter 2306.
21. (21) Forgivable Loan--Financial assistance in the form of money that, by Agreement, is not required to be repaid if the terms of the mortgage loan are met.
22. (22) HOME Program--HOME Investment Partnerships Program at 42 U.S.C. §§12701 - 12839.
23. (23) Household--One or more persons occupying a rental unit or owner-occupied Single Family Housing Unit. May also be referred to as a "family."
24. (24) Housing Contract System (HCS)--The electronic information system established by the Department to be used for tracking, funding, and reporting single family contracts and activities.
25. (25) HUD--The United States Department of Housing and Urban Development or its successor.
26. (26) Life of Loan Flood Certification--Tracks the flood zone of the Single Family Housing Unit for the life of the loan.
27. (27) Loan--Same as "mortgage loan as defined in Chapter 2306."
28. (28) Loan Assumption--An Agreement between the buyer and seller of Single Family Housing Unit that the buyer will make remaining payments and adhere to terms and conditions of an existing mortgage loan on the Single Family Housing Unit and program requirements. A mortgage loan assumption requires Department approval.
29. (29) Loan to Value (LTV)--The amount of the mortgage loan(s) divided by the Single Family Housing Unit's appraised value, excluding Forgivable Loans.
30. (30) Manufactured Housing Unit (MHU)--A structure that meets the requirements of Texas Manufactured Housing Standards Act, Texas Occupations Code, Chapter 1201 or FHA guidelines as required by the Department.
31. (31) Nonconforming Mortgage Loan--Any mortgage loan that does not meet the definition of a "Conforming Mortgage Loan" defined in paragraph (11) of this section.
32. (32) Neighborhood Stabilization Program (NSP)--A HUD-funded program authorized by HR3221, the "Housing and Economic Recovery Act of 2008" (HERA) and §1497 of the Wall Street Reform and Consumer Protection Act of 2010, as a supplemental allocation to the CDBG Program.
33. (33) NOFA--Notice of Funding Availability.
34. (34) Nonprofit Organization--An organization that is organized as such under state or federal laws and does not have a pending Application for nonprofit status.
35. (35) Open Application Cycle--A defined period of time in which Applications may be submitted according to a published NOFA and which will be reviewed on a first-come, first-served basis until the NOFA is closed.
36. (36) Parity Lien--A lien position whereby two or more lenders share a security interest of equal priority in the collateral.
37. (37) Persons with Disabilities--Any person who has a physical or mental impairment that substantially limits one or more major life activities and has a record of such impairment; or is regarded as having such impairment.
38. (38) Principal Residence--The primary Single Family Housing Unit that a Household inhabits. May also be referred to as "primary residence."
39. (39) Program--The specific fund source from which single family funds are applied for and used.
40. (40) Program Income--Gross income received by the Administrator directly generated from the use of Single Family funds.
41. (41) Program Manual--A set of guidelines designed to be an implementation tool for the single family programs which allows the Administrator to search for terms, statutes, regulations, forms and attachments. The program manual is developed by the Department and amended or supplemented from time-to-time.
42. (42) Program Rule--Chapters of this title which pertain to specific single family program requirements.
43. (43) Reconstruction--The demolition and rebuilding a Single Family Housing Unit on the same lot in substantially the same manner. The number of housing units may not be increased; however, the number of rooms may be increased or decreased dependent on the number of family members living in the housing unit at the time of Application. Reconstruction includes replacing existing, sub-standard MHUs with a new MHU or site built house. MHUs must be installed according to the manufacturer's installation instructions and in accordance with state laws and regulations.
44. (44) Reservation--Funds set-aside for a Household Applicant or single family activity registered in the Department's registration system.
45. (45) Reservation System--The Department's computer registration system(s) that allows Administrators to reserve funds for a specific Household.
46. (46) Resolution--Formal action by a corporate board of directors or other corporate body authorizing a particular act, transaction, or appointment. Resolutions must be in writing and state the specific action that was approved and adopted, the date the action was approved and adopted, and the signature of person or persons authorized to sign resolutions. Resolutions must be approved and adopted in accordance with the corporate bylaws.
47. (47) Self-Help--Housing programs that allow low, very low, and extremely low-income families to build or rehabilitate their Single Family Housing Units through their own labor or volunteers.
48. (48) Single Family Housing Unit--A home designed and built for one person or one Household for rental or owner-occupied. This includes the acquisition, construction, reconstruction or rehabilitation of an attached or detached unit. May be referred to as a single family "home," "housing," "property," "structure," or "unit."
49. (49) Soft costs--Costs related to and identified with a specific Single Family Housing Unit other than construction costs. May also be referred to as "direct delivery" costs.
50. (50) Subgrantee--Same as "Administrator."
51. (51) Subrecipient--Same as "Administrator."
52. (52) TAC--Texas Administrative Code.
53. (53) TREC--Texas Real Estate Commission.

Source Note:The provisions of this §20.3 adopted to be effective November 1, 2012, 37 TexReg 8470.