Texas Register, Volume 33, Number 1, Pages 1-358, January 4, 2008 Page: 84
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tions. A Person will also be considered to have a disability if he or she
has a developmental disability, which is a severe, chronic disability and
as further defined at 24 CFR 92.2.
(73) Persons with Special Needs--Individuals or categories
of individuals determined by the Department to have unmet housing
needs consistent with 42 USC 12701, et seq. and as provided in the
Consolidated Plan and may include any households composed of one
or more persons with alcohol and/or drug addictions, Colonia residents,
Persons with Disabilities, victims of domestic violence, persons with
HIV/AIDS, homeless populations and migrant farm workers.
(74) Predevelopment Costs--Costs related to a specific eli-
gible Project including:
(A) Predevelopment housing project costs that the De-
partment determines to be customary and reasonable, including but not
limited to consulting fees, costs of preliminary financial applications,
legal fees, architectural fees, engineering fees, engagement of a devel-
opment team, site control, and title clearance;
(B) Pre-construction housing project costs that the De-
partment determines to be customary and reasonable, including but not
limited to, the costs of obtaining firm construction loan commitments,
architectural plans and specifications, zoning approvals, engineering
studies and legal fees;
(C) Predevelopment costs do not include general oper-
ational or administrative costs.
(75) Principal--A Person, or Persons, that will exercise
Control over a partnership, corporation, limited liability company,
trust, or any other private entity. In the case of:
(A) Partnerships, Principals include all General Part-
ners, special limited partners and Principals with ownership interest;
(B) Corporations, Principals include any officer autho-
rized by the board of directors to act on behalf of the corporation, in-
cluding the president, vice president, secretary, treasurer and all other
executive officers, and each stock holder having a ten percent or more
interest in the corporation; and
(C) Limited liability companies, Principals include all
managing members, members having a ten percent or more interest in
the limited liability company or any officer authorized to act on behalf
of the limited liability company.
(76) Principal Residence--The primary housing unit a Per-
son or Household inhabits.
(77) Program Activity--The specific purposes for which
HOME funds are used and required in the Contract with the Adminis-
trator.
(78) Program Income--The gross income received by the
Department, Development Owners or Administrators directly gener-
ated from the use of HOME funds or matching contributions as further
described in 24 CFR 92.2.
(79) Project--A site or an entire building (including a man-
ufactured housing unit), or two or more buildings, together with the site
or sites on which the building or buildings are located, that are under
common ownership, management, and financing and are to be assisted
with HOME funds, under a commitment by the owner, as a single un-
dertaking under 24 CFR 92.2.
(80) Property--The real estate and all improvements
thereon which are the subject of the Application (including all items of
personal property affixed or related thereto), whether currently existing
or proposed to be built thereon in connection with the Application.(81) Qualified Elderly Development--A Development
which meets the requirements of the federal Fair Housing Act and:
(A) Is intended for, and solely occupied by, individuals
62 years of age or older; or
(B) Is intended and operated for occupancy by at least
one individual 55 years of age or older per unit, where at least 80% of
the total housing units are occupied by at least one individual who is
55 years of age or older; and where the Development Owner publishes
and adheres to policies and procedures which demonstrate an intent by
the owner and manager to provide housing for individuals 55 years of
age or older.
(82) Qualified Market Analyst--A real estate appraiser cer-
tified or licensed by the Texas Appraiser Licensing and Certification
Board, a real estate consultant, or other professional currently active
in the subject property's market area who demonstrates competency,
expertise, and the ability to render a high quality written report. The
individual's performance, experience, and educational background will
provide the general basis for determining competency as a market an-
alyst. Competency will be determined by the Department, in its sole
discretion. The Qualified Market Analyst must be a Third Party.
(83) Received Date--The date and time that an Application
is physically received by the Department.
(84) Rehabilitation--The improvement or modification of
an existing residential development through an alteration, addition, or
enhancement. The term includes the demolition of an existing resi-
dential development and the Reconstruction of any development units,
but does not include the improvement or modification of an existing
residential development for the purpose of an adaptive reuse of the de-
velopment. In accordance with the federal definition of Reconstruction
at 24 CFR 92.2, the term also means the demolition and rebuilding, on
the same lot, of housing standing on the site at the time of commitment
of HOME funds. The number of units on the lot may not be decreased
or increased as part of the rehabilitation, but the number of rooms per
unit may be increased or decreased. Rehabilitation also includes re-
placing an existing substandard MHU with a new MHU.
(85) Rental Housing Development (RHD)--A Program Ac-
tivity and Project for the purpose of providing HOME funds for the ac-
quisition, New Construction or Rehabilitation of multi-family or single
family rental housing, or conversion of commercial property to rental
housing for Income Eligible Households.
(86) Rural area--An area that is located:
(A) Outside the boundaries of a primary metropolitan
statistical area or a metropolitan statistical area;
(B) Within the boundaries of a primary metropolitan
statistical area or a metropolitan statistical area, if the statistical area
has a population of 25,000 or less and does not share a boundary with
an urban area; or
(C) In an area that is eligible for funding by the Texas
Rural Development Office of the United States Department of Agricul-
ture, other than an area that is located in a municipality with a popula-
tion of more than 50,000.
(87) Rural Development--A Development or proposed De-
velopment that is located in a Rural Area, other than rural New Con-
struction Developments with more than 80 units.
(88) Service Area--The city, county and/or place identified
in the Contract that the Administrator will serve.33 TexReg 84 January 4, 2008 Texas Register
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Texas. Secretary of State. Texas Register, Volume 33, Number 1, Pages 1-358, January 4, 2008, periodical, January 4, 2008; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90775/m1/82/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.