12940690, 67-21.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12940690

Notice of Proposed Rule

Department:

FLORIDA HOUSING FINANCE CORPORATION

Chapter:

NON-COMPETITIVE AFFORDABLE MULTIFAMILY RENTAL HOUSING PROGRAMS (MMRB/HC)

Overview

RULE:

67-21.001	Purpose and Intent
67-21.002	Definitions
67-21.0025	Miscellaneous Criteria
67-21.003	Application and Selection Process for Developments
67-21.0035	Applicant Administrative Appeal Procedures (Repealed)
67-21.004	Federal Set-Aside Requirements for MMRB Loans
67-21.0045	Determination of Method of Bond Sale
67-21.006	MMRB Development Requirements
67-21.007	MMRB Fees
67-21.008	Terms and Conditions of MMRB Loans
67-21.009	Interest Rate on Mortgage Loans
67-21.010	Issuance of Revenue Bonds
67-21.013	Non-Credit Enhanced Multifamily Mortgage Revenue Bonds
67-21.014	MMRB Credit Underwriting Procedures
67-21.015	Use of Bonds with Other Affordable Housing Finance Programs
67-21.017	Transfer of Ownership of a MMRB Development
67-21.018	Refundings and Troubled Development Review
67-21.019	Issuance of Bonds for Section 501(c)(3) Entities
67-21.025	HC Fees
67-21.026	HC Credit Underwriting Procedures
67-21.027	HC General Program Procedures and Requirements
67-21.028	HC with Tax-Exempt Bond-Financed Developments
67-21.029	HC Extended Use Agreement
67-21.030	Sale or Transfer of a Housing Credit Development
67-21.031	Qualified Contracts

PURPOSE:

The purpose of this Rule Chapter is to establish the procedures by which the Corporation shall:
	(1) Administer the Application process, determine bond allocation amounts and implement the provisions of the Multifamily Mortgage Revenue Bond (MMRB) Program authorized by Section 142 of the Code and Section 420.509, F.S.; and
	(2)	Administer the Application process, determine Non-Competitive Housing Credit amounts, and implement the provisions of the Housing Credit (HC) Program authorized by Section 42 of the IRC and Section 420.5099, F.S.
The intent of this Rule Chapter is to encourage public-private partnerships to invest in residential housing; to stimulate the construction and rehabilitation of residential housing which in turn will stimulate the job market in the construction and related industries; and to increase and improve the supply of affordable housing in the State of Florida.

SUMMARY:

Prior to the opening of an Application process, the Corporation (1) researches the market need for affordable housing throughout the state of  Florida and (2) evaluates prior Applications to determine what changes or additions should be added to the Rule and/or Application.  The proposed amendments to the Rule and adopted reference material include changes that will create a formulated process for selecting Developments that will apply for MMRB, Non-Competitive Housing Credits, or a combination of both.

RULEMAKING AUTHORITY:

420.507, 420.508, FS.

LAW:

420.507, 420.508, 420.509, 420.5099 FS.

PRINT PUBLISH DATE:

4/30/2013 Vol. 39/84

COMMENTS:

From 4/30/2013 To 5/21/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-00520 Section 42, 42(d)(5), 42(d)(5)(C), 42(h)(4), 42(h)(5)(C) and 42(h)(7)(A) of the IRC
Ref-00522 Federal Fair Housing Act
Ref-00523 542(c) of the Housing and Community Development Act of 1992
Ref-00524 Section 151(c)(4) of the IRC, as amended
Ref-00525 Section 142 and 142(d) of the IRC
Ref-00526 Section 501(c)(3) and (4) of the IRC
Ref-00527 Section 2(13), 3(a)(2) or 3(a)(5)(A) of the Securities Act of 1933
Ref-00528 Section 80a-2(a)(48) of the Investment Company Act of 1940
Ref-00529 Section 301(c) or (d) of the Small Business Investment Act of 1958
Ref-00530 Title I of the Employee Retirement Income Security Act of 1974
Ref-00532 Section 80b-2(a)(22) of the Investment Advisors Act of 1940
Ref-00533 Section 15 of the Securities Exchange Act of 1934
Ref-00534 Section 147(d)(3) and Tax Equity and Fiscal Responsibility Act (TEFRA), Section 147(f), IRC of the IRC
Ref-00535 Section 103(b)(4)(A) of the Internal Revenue Code of 1954
Ref-00536 Part III, Sections 604 through 607, of the Fannie Mae Multifamily Delegated Underwriting and Servicing (DUS) Guide, effective November 6, 2003
Ref-00537 Uniform Standards of Professional Appraisal Practice
Ref-00538 IRS Form 1023
Ref-00540 Section 142 and 142(d) of the IRC
Ref-00541 Section 501(c)(3) and (4) of the IRC
Ref-00542 Section 501(c)(3) and (4) of the IRC
Ref-00543 Section 501(c)(3) and (4) of the IRC
Ref-00544 Financial Reporting Form SR-1, Rev. 01-11
Ref-00545 Eligible Reserve for Replacement Items list, effective October 15, 2010
Ref-00692 Universal Application Package

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