All Applicants and Applications must submit or comply with:

1. (1) an Applicant certification of compliance with state and federal laws, rules and guidance governing the HOME Program;

2. (2) a resolution signed and dated within the six (6) months preceding the Application submission date from the Applicant's direct governing body which includes:

   1. (A) authorization of the submission of the Application;
   2. (B) commitment and amount of cash reserves, if applicable, for use during the Contract or RSP Agreement term;

   3. (C) source of funds for Match obligation and Match dollar amount, if applicable.

      1. (i) Except for Match that is proposed to meet Application threshold criteria or is otherwise proposed to be provided, the Match requirement is not in effect until January 1, 2015. Any Projects submitted to the Department under a RSP Agreement or Contract award prior to January 1, 2015 will not be required to provide Match as outlined in §23.30 and §23.40 of this chapter. Agreements under the Persons with Disabilities set-aside, Disaster Relief set-aside, and Tenant-Based Rental Assistance program are exempt from the Match requirement.
      2. (ii) An itemized schedule of the proposed Match and evidence to support the Applicant's ability to provide the required Match, is required at the time of Application submission.
      3. (iii) For Applications submitted to become an RSP, the Department may withhold disbursements if, after every four reservation of funds, sufficient Match documentation has not been provided.
      4. (iv) The Department shall use population figures from the most recently available U.S. Census to determine the applicable tier for an Application. The Department may incentivize or provide preference to Applicants committing to provide additional Match above the requirement of this subsection. Such incentives may be established in the form of a threshold or selection criteria in the NOFA and may be different for each Activity.
   4. (D) name and title of the person authorized to represent the organization; and
   5. (E) name and title of the person with signature authority to execute a contract and loan documents, where applicable;
3. (3) any Applicant requesting $25,000 or more must be registered in the System for Award Management (SAM) and have a current Data Universal Numbering System (DUNS) number. If the property will be owned by a partnership, the partnership must be the registrant. If a partnership will be receiving funds under the CHDO set-aside, the partnership and the CHDO must both be registered;
4. (4) an Application fee, to be defined in the NOFA or in this chapter;
5. (5) to be eligible for a new Contract award, an Applicant must have committed funds to at least 80 percent of the total number of contractually required Households or has committed at least 80 percent of the total Project funds on their current Contract for the same Activity. This provision shall not apply to Applications submitted for disaster relief funding or those with an exclusively different Service Area;
6. (6) an Application must be substantially complete when received by the Department. An Application will be terminated if an entire volume of the Application is missing; has excessive omissions of documentation from the threshold or selection criteria or uniform Application documentation; or is so unclear, disjointed, or incomplete that a thorough review cannot reasonably be performed by the Department, as determined by the Department. Such Application will be terminated without being processed as an administrative deficiency. To the extent that a review was able to be performed, specific reasons for the Department's termination will be included in the notification sent to the Applicant but, because of the suspended review, may not include an all inclusive list of deficiencies in the Application; and
7. (7) the Department may incentivize or provide preference to Applicants targeting very low and extremely low income Households or to Applicants that have successfully executed a previous HOME Contract with the Department. Such incentives may be established in the form of threshold or selection criteria in the NOFA and may be different for each Activity.

Source Note:The provisions of this §23.24 adopted to be effective October 31, 2012, 37 TexReg 8477; amended to be effective January 5, 2014, 38 TexReg 9494.