- (a) Program funds may be utilized for Acquisition or refinance, and New Construction, of single family housing units occupied by the purchaser as shown on an executory contract for conveyance.
- (b) The Department shall limit the availability of funds for CFD for a minimum of 60 days for Activities proposing to serve Households whose income does not exceed 60 percent AMFI, and for properties located in a Colonia as defined in Tex. Gov't Code §2306.083.
- (c) The Department will require a first lien position.
- (d) Total Project costs, exclusive of Match funds, are limited to the amounts described in §23.27, Project Cost Limitations.
- (e) The assistance to an eligible Household shall be in the form of a loan in the amount of the Direct Activity Costs excluding Match funds. The loan will be at zero percent interest and include deferral of payment and annual pro rata forgiveness with a term based on the federal affordability requirements as defined in 24 CFR §92.254. For refinancing activities, the minimum loan term and affordability period is 15 years, regardless of the amount of HOME assistance.
- (f) To ensure affordability, the Department will impose resale or recapture provisions established in this Chapter.
Source Note:The provisions of this §23.40 adopted to be effective February 26, 2025, 50 TexReg 976.