Eligible Existing Developments must meet all of the requirements in §8.3 of this chapter. In addition, the Existing Development must meet the following requirements:
- (1) The Development received an award (tax credit, direct loan, etc.) under a TDHCA administered program in or after 2002, or has been otherwise approved by the Department in writing;
- (2) The Development has at least 5 housing units;
- (3) For Developments that were placed in service on or before January 1, 2017, the most current vacancy report as reflected in CMTS evidences that the Development maintained at least 85 percent physical occupancy for a period of at least 3 consecutive months.;
- (4) For Developments that have received a UPCS inspection, the Development received a UPCS score of at least 80 on its most recent TDHCA, REAC inspection and all compliance issues associated with that inspection have been resolved;
- (5) The Development is operating in accordance with the accessibility requirements of Section 504, the Rehabilitation Act of 1973 (29 U.S.C. Section 794), as specified under 24 C.F.R. Part 8, Subpart C, or operating under the 2010 ADA standards with the exceptions listed in "Nondiscrimination on the Basis of Disability in Federally Assisted Programs and Activities" Federal Register 79 FR 29671; and
- (6) The Development is not Transitional Housing as defined in the 2018 Uniform Multifamily Rules.
Source Note:The provisions of this §8.4 adopted to be effective January 23, 2018, 43 TexReg 343.