Arkansas Development
Finance Authority
2010 Multi-Family
Housing Application
Table of Contents
Contents
Page
Instructions for Submitting Applications ...................................................................... i
Application Checklist.................................................................................................. iii
Applicant Self-Scoring Sheet ..................................................................................... viii
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
XXII.
XXIII.
XXIV.
XXV.
XXVI.
XXVII.
XXVIII.
XXIX.
XXX.
XXXI.
APPLICATION
Development Name & Address ....................................................................1
Applicant Information ..................................................................................1
Partnership Information ................................................................................2
Special Housing Needs Set-Aside ................................................................3
Previous Participation of Applicant/Developer/Consultant ..........................3
Development Type .......................................................................................4
Development Information.............................................................................4
Site Information ............................................................................................5
Acquisition of Existing Buildings ................................................................5
Acquisition Information ...............................................................................6
Relocation Information .................................................................................7
Existing Subsidies with Acquisition Developments .....................................7
Energy and Equipment Information .............................................................7
Monthly Utility Allowance Calculations ......................................................8
Minimum Set-Aside Election .......................................................................8
Rental Assistance ..........................................................................................9
Development Tax Credit Rents ....................................................................9
Development Income ....................................................................................9
Annual Expense Information ......................................................................12
Sources of Funds (Grants and Other Funds)...............................................15
Credit Enhancement or Private Placement .................................................15
Notification of Local Official .....................................................................15
Source of Funds (Construction and Permanent) .........................................16
Development Costs .....................................................................................17
Syndication Information .............................................................................19
Non-Profit Determination ...........................................................................20
Development Team Information.................................................................21
Development Timeline ...............................................................................23
Application & Other Fees ...........................................................................24
Signature Page (LIHTC/Bond Applicants) .................................................25
Certification (HOME Developments).........................................................26
REQUIRED FORMS................................................................................................27
INSTRUCTIONS
FOR
SUBMITTING APPLICATIONS
All multi-family housing program applicants must use the following instructions for submitting
an Application. All applications must be submitted in the required format.
1.
Applicants for a particular program must also follow the rules and regulations for that
program. Please see the following program guides for more information and
requirements:
For all Low-Income Housing Tax Credit (“LIHTC”) Applicants: To review a particular document, click the button.
2010 Housing Credit Program Qualified Allocation Plan ("QAP")
LIHTC Compliance Monitoring and Procedure Manual
ADFA Approved Market Study Firms List
ADFA Market Study Guidelines for Affordable Rental Housing Programs
ADFA Approved Capital Needs Assessment Firms List
ADFA Multi-Family Housing Minimum Design Standards
For all HOME Program Applicants:
HOME Program Policy and Operations Manual
HOME Compliance Monitoring & Procedure Manual
For all Tax-Exempt Bond Applicants:
2009 Guidelines for Reserving Volume Cap for Tax-Exempt Private Activity
Bonds for Residential Rental Housing
ADFA Rules & Regulations Implementing the Law on the Allocation of the State
Volume Cap for Private Activity Bonds
2010 Housing Credit Program Qualified Allocation Plan ("QAP")
2.
SUBMIT ONE (1) SIGNED ORIGINAL AND ALL EXHIBITS.
• HOME PROGRAM APPLICANTS MUST ALSO
SUBMIT ONE (1) COMPLETE COPY OF THE
APPLICATION AND ALL EXHIBITS.
ALL APPLICATIONS MUST BE SUBMITTED BY THE PROGRAM DEADLINE MAY 19, 2010.
APPLYING FOR LIHTC/TAX-EXEMPT BONDS
APPLYING FOR HOME FUNDS ONLY
Submit Complete Application to:
Submit Complete Application to:
Multi-Family Housing Department
Arkansas Development Finance Authority
P.O. Box 8023
Little Rock, Arkansas 72203
HOME Department
Arkansas Development Finance Authority
P.O. Box 8023
Little Rock, Arkansas 72203
Physical delivery to:
900 W. Capitol, Suite 310
Little Rock, Arkansas 72201
Physical delivery to:
900 W. Capitol, Suite 310
Little Rock, Arkansas 72201
i
3.
Also submit the entire APPLICATION electronically as a SAVED (not scanned)
ADOBE® file via e-mail to:
nrobinson@adfa.state.ar.us
4.
Answer all questions. If not applicable to your application, mark N/A.
5.
READ THE YELLOW NOTES AND HIGHLIGHTS THROUGHOUT THE
APPLICATION. THEY CONTAIN INSTRUCTIONS FOR THE AREA HIGHLIGHTED.
6.
Only materials submitted on the standard forms included in the application packets (or
copies of the forms) will be accepted for review. Use only forms provided and additional
sheets if necessary.
7.
REQUIRED FORMAT: Place the original and, if applicable, copy of the
application and exhibits in a sufficiently sized 3-ring binder. Do not otherwise bind,
staple or use Acco fasteners. Arrange the application as follows:
TAB #1 should include the Application Checklist, Self-Scoring Sheet
(LIHTC) and complete Application.
All other exhibits/forms should be behind the corresponding numbered
TAB on the Application Checklist. DO NOT SKIP TAB NUMBERS.
If an exhibit does not apply to your application place a sheet of paper
with “N/A” behind the TAB.
If you have extra exhibits that do not fall under a specific TAB listed in
the checklist, attach additional TABs starting with number 51.
ADDITIONAL REQUIREMENTS FOR HOME PROGRAM APPLICANTS
Standard Form 424 must be submitted with your application to the State Clearinghouse, if
you have not done so.
If the applicant is not a state agency, a copy of this same information must be
submitted to the appropriate area-wide Clearinghouse. The state address is:
State Clearinghouse
1515 W. 7th Street
1515 Building, Room 417
Little Rock, AR 72201
IF YOUR APPLICATION DOES NOT COMPLY WITH THE REQUIRED FORMATS,
THE APLICATION WILL BE CONSIDERED AS INCOMPLETE AND WILL NOT BE
PROCESSED.
RETAIN A COPY OF THE FULL APPLICATION AND EXHIBITS/FORMS FOR
YOUR FILES.
ii
APPLICATION CHECKLIST
2010 Multi-Family Housing Application. Submit one (1) original and, if also a HOME
applicant, one (1) copy of the following. Place a check by each item included in the application.
Put N/A next to each item that does not apply to your application. DO NOT LEAVE ANY ITEM
UNMARKED .
Tab No.
1.
_______
2.
_______
Complete Application (signed and dated), including application checklist and selfscoring sheet (self-scoring applies only to LIHTC applicants)
Application Fee: (select one) (Place a copy of the check behind TAB #2) (QAP §
XII.A., p. 30)
LIHTC:
Non-Profit Owner:
For Profit Owner with four (4) or less units:
For Profit Owner with more than four (4) units:
$300.00
$300.00
$500.00
Tax-Exempt Bonds: (2009 Guidelines for Allocating Volume Cap, §VI.A., p. 2)
All developments:
$500.00
3.
_______
Narrative description of the development
4.
_______
Financial commitment letter from each funding source
5.
_______
Utility allowance calculation
6.
_______
Site control information (QAP § VI.B.5., p. 9)
Deed
Option/Purchase Contract
99-year leasehold
Proof of Seller’s ownership of property, if not owned by applicant.
Verification of Arm’s Length Transaction Included
(QAP § VI.C.1., p. 16)
(QAP § VI.B.3., p. 8)
(QAP § VI.B.4., p. 9)
Rehabilitation Developments requesting acquisition credits must satisfy IRC
Section 42(d)(2)(B) by including the following for each building;
Purchase Requirement documentation;
10-year hold rule documentation (including both placed in service and most
recent nonqualified substantial improvement of the building);
If claiming statutory exemption, provide cite, basis for exemption, and
all supporting documentation;
Related party requirement documentation
7.
8.
_______
_______
Zoning Authority (QAP § VI.B.6., p. 10)
Planning Commission (if applicable)
(QAP § VI.B.5., p. 10)
Independent Market Study & Additional Site Maps (QAP § VI.B.7., p. 10)
Street map and turn-by-turn from ADFA to exact location of site
iii
9.
_______
Letter of support from highest elected local official. Letters of support from
other sources (QAP § VI.B.8., p. 10)
HUD statement of good standing (Public Housing Agencies only) (QAP § III.B.4., p.
2)
10.
_______
Letter to Public Housing Authority for use by Persons on Waiting List (QAP §
VI.C.2., p. 16)
11.
_______
Letter of Participation of each Development Team Member (QAP § VI.C.3., p. 16)
Resume of each Development Team Member (QAP § VI.C.3., p. 16)
12.
_______
Criminal Background and Disclosure Form – Housing for each Development
Team Member (Attachment A) (QAP § VI.C.5., p. 17)
13.
_______
Non-Profit Applicants (QAP § VI.B.9., p. 11)
Articles of Incorporation – Purpose must include fostering low-income
housing
IRS Documentation of Exemption from Federal Income Tax
Proof of ownership interest in development
Statement of non-affiliation nor control by a for-profit organization
Statement of material participation
Names of Board of Directors
Paid staff names and source of annual operating funds
Statement of compliance with IRS Revenue Procedure 96-32
14.
_______
Plans & Specifications* (QAP §§ VI.B.10., p. 11; VI.C.11., p. 18; VIII.G., p. 25)
Building and Unit Designation completed (Attachment E)
Architect/Engineer certification that development will comply with ADFA’s
“Multi-Family Housing Minimum Design Standards”
Architect/Engineer certification of compliance with applicable local, state and
national building codes, including federal and state accessibility laws.
Architect/Engineer has completed "Multi-Family Housing Minimum Design
Standards Checklist" (Attachment G)
Additional Requirements for Rehabilitation Developments (if applicable)
Architect/Engineer certification of unavoidable nonconformance
Architect/Engineer certification of no alternative available
Applicant’s statement of implementation of alternative
*Only one (1) copy of plans and specifications must be submitted
_______
15.
_______
Environmental Documents
Signed and Completed Environmental Checklist (QAP § VI.C.6., p. 17)
Completed Environmental Assessment (Attachment B)
Topographic Map (site should be identified on map)
Ten (10) color photos of site
Ten (10) photos minimum, exterior, front, rear, sides of building, away from
property each direction and development sign for rehabilitation
Flood Map (site should be identified on map)
16.
_______
Capital Needs Assessment (Rehabilitation Developments Only)
Applicant’s statement of implementation
iv
(QAP § VI.B.11., p. 12)
17.
_______
Tenant Income Audit (Rehabilitation Developments Only) (QAP § VI.B.12., p. 13)
18.
_______
Pro Forma (Attachment C)
19.
_______
Clearance Letters
Section 106 Clearance Letter from AR Dept. of Heritage, or proof of
application (QAP § VI.C.7., p. 17)
Fish and Wildlife Clearance Letter from U.S. Fish and Wildlife Service, or
proof of application (QAP § VI.C.7., p. 17) (Attachment D)
20.
_______
Appraisal (rehabilitation developments only)
21.
_______
HERS Rater Certification of HERS Index Score that development will achieve
upon completion
Applicant’s statement of implementation
22.
_______
Support services by tax-exempt organization (QAP § VII.A.9., p. 22)
Signed acknowledgment of Participation by Tax-Exempt Organization
Applicant's Statement of Compliance
Articles of Incorporation/Charter and By-Laws of Tax-Exempt Organization
23.
_______
Applicant statements regarding:
Documentary Support as to how development will market to Single
Parent/Guardian with Children (QAP § VII.A.2.h., p. 20)
Right of First Refusal Contract to be offered for eventual tenant ownership
(QAP § VI.B.14., p. 14)
(QAP § VI.B.15., p. 14)
(QAP § VII.A.2.i., p. 20)
Election to limit developer’s and consultant’s fees to 10% or less
(QAP §§ VI.B.16.,
p. 14; VII.A.5., p. 21)
Election to serve very low-income households (QAP § VII.A.12., p. 23)
Election to extend LIHTC affordability period at least 5 years beyond 30-year
extended use period (QAP § VII.A.13., p. 23)
24.
_______
Copy of census tract (QAP §§ VII.A.1.b., p. 19)
Copy of community revitalization plan (if applicable) (QAP § VII.A.14., p. 23)
Copy of National Register of Historic Places (QAP §§ VI.C.10., p. 18; VII.A.4., p. 21)
25.
_______
Assisted Living Developments (QAP §§ VI.C.8., p. 18; VIII.D., p. 25)
Certificate of Need or Permit of Approval
Statement of complete living, sleeping, cooking and sanitation facilities
Statement of General Public availability
Statement that supportive services are optional by tenant
Statement that supportive services do not include continual or frequent
services
26.
_______
Disclosure Documents:
Conflict of Interest Acknowledgement (Attachment F-1) (QAP § VI.C.9., p. 18)
Signed and Completed Contract and Grant Disclosure and Certification Form
(Attachment F-2) (QAP § VI.C.9., p. 18)
27.
_______
Amenities:
List of Amenities (QAP § VII.A.7., p. 21)
Also indicate on Plans and Specifications
Also indicate on Attachment G
28.
_______
List of Advanced Energy Efficiency Features (rehabilitation developments only)
Also indicate on Attachment G
29.
_______
Form 8609 and Land Use Restriction Agreement if this development previously
received federal low-income housing tax credits
30.
_______
Rental Assistance Contract (if applicable)—must reflect amount of currently
approved rents
Additional Requirements for Applicants Also Applying for
HOME Program Funds:
31.
_______
Cover sheet with applicant name
32.
_______
Standard Form 424 (Attachment H)
33.
_______
Certification Page (signed and dated)
34.
_______
Appraisal (Land and Improvements)
35.
_______
Copy of Contractor's License
36.
_______
Copy of bid proposals or the results of bid proposals (if applicable for multifamily developments)
37.
_______
Copy of general contracts, estimates or sworn statements supporting proposed
budget
38.
_______
Copy of “NOTICE TO BID” advertisement, as applicable
39.
_______
Copy of Contractor Agreement, if negotiated
40.
_______
Copy of the Affirmative Marketing Plan (Attachment I)
41.
_______
Copy of City’s Adopted Fair Housing Ordinance
42.
_______
Completed and signed Minority and Women Business Plan (Attachment J)
43.
_______
Financial Statements of Development Owner(s)
New Applicant-Balance Sheet, Profit and Loss Statement for past two years
Prior or Current Applicant-Balance Sheet, Profit/Loss Statement for past year
44.
_______
Plan for Section 3 (http://www.access.gpo.gov/nara/cfr/waisidx_02/24cfr135_02.html)
45.
_______
Cooperative Agreement, if joint application
vi
46.
_______
Request for Taxpayer Identification Number and Certification (Form W-9)
(Attachment K)
47.
_______
Phase I Environmental Site Assessment
Will be submitted no later than placed in service or December 6, 2010 (QAP §
VI.C.6., p. 17)
48.
_______
HOME Program Match Requirements (Attachment M)
49.
_______
Application for HOME Assistance – ADFA Form 4000-98 (Attachment N)
50.
_______
Homeownership Assistance/Rental Housing Development Set-Up (Attachment O)
51.
_______
HOME Unit Breakdown (Attachment P)
Start with TAB #52 for attachments not specified above.
52.
_______
vii
ADFA MULTI-FAMILY HOUSING
2010 LIHTC APPLICANT SELF-SCORING
For Low-Income Housing Tax Credit Applicants Only
QAP POINTS CRITERIA
POINTS
#1.
Location/USDA/HUD (QAP § VII.A.1., p. 19)
(Maximum 15 pts.)
0
#2.
Development of Special Needs (QAP § VII.A.2., p. 20)
(Maximum 15 pts.)
0
#3.
Involves rehabilitation of existing structures (QAP § VII.A.3., p. 20)
#4.
Involves preservation or rehabilitation of existing affordable
housing program or structures listed on National Register of
(Maximum 10 pts.)
Historic Places (QAP § VII.A.4., p. 21)
#5.
#6.
#7.
#8.
#9.
(10 pts.)
Lowering of developer and consultant fees to 10% or less
0
0
(QAP § VII.A.5., p. 21)
(5 pts.)
0
A minimum of 20% of the total residential units in the development are
market rate units (QAP § VII.A.6., p. 21)
(5 pts.)
0
Development provides additional amenities
(Maximum 10 pts.)
(QAP § VII.A.7., p. 21)
Development provides advanced energy efficient features
(QAP § VII.A.8., p. 22)
Participation of tax-exempt organization
(QAP § VII.A.9., p. 22)
(Maximum 15 pts.)
0
(5 pts.)
0
(Maximum 10 pts.)
#10. Site Visit (QAP § VII.A.10., p. 22)
(Maximum 15 pts.)
#11. Market Need (QAP § VII.A.11, p. 23)
0
0
0
QAP LEGISLATED PRIORITIES
#12. Serves the lowest income group (QAP § VII.A.12., p. 23)
(3 pts.)
0
#13. Extends the duration of Low-Income use (QAP § VII.A.13., p. 23)
(4 pts.)
0
(3 pts.)
0
(Maximum 125 pts.)
0
#14. QCT/Existing housing and Community Revitalization Plan
(QAP § VII.A.14., p. 23)
TOTAL POINTS
*******************************************************************************
Refer to Points Criteria Section VII.A. of the 2010 Qualified Allocation Plan (QAP) for instructions on
submission of scoring and supporting documentation.
viii
2010 MULTI-FAMILY HOUSING APPLICATION
ARKANSAS DEVELOPMENT FINANCE AUTHORITY
900 W. Capitol, Suite 310
Little Rock, Arkansas 72201
Phone: (501) 682-5900
Fax:
(501) 682-5859
Application Date: __________________
Received by:_____________________
Date Stamp:
Applicant is applying for: (check only one)
_____2010 Low-Income Housing Tax Credits (only)
______HOME Program (only)
_____2010 Low-Income Housing Tax Credits & HOME Program Funds
_____Tax-Exempt Multi-Family Volume Cap with 4% LIHTC
I. DEVELOPMENT NAME & ADDRESS
(List name under which development will do business. i.e. XYZ Apartments)
Name of Development:_____________________________________________________________________
Address:___________________________________________
County:____________________________
City:______________________________________________
State:________ Zip Code:___________
Census Tract No.:_________________
Is this a Qualified Census Tract: Yes_______ No __________
Is the Development Located in:
Metropolitan Statistical Area: Yes_______ No_________
Difficult to Develop Area:
Yes_______ No_________
(As defined by the U.S. Department of Housing and Urban Development)
U.S.
Congressional District: _______
State
Senate District: _______
State
House District: _______
II. APPLICANT INFORMATION
NAME UNDER WHICH APPLICANT DOES BUSINESS. (IF APPLICANT IS THE PARTNERSHIP/OWNER, ALSO COMPLETE
PARTNERSHIP INFORMATION IN SECTION “III. PARTNERSHIP INFORMATION” BELOW.)
____ For Profit
____ Non-Profit (Non-Profits must complete Section XXVI.)
Name:____________________________________________________________________________________
*Contact Person:___________________________________________________________________________
Address:________________________________________
State:_____________ Zip Code:_______________
City:________________________________
Email Address:______________________________
Phone Number:__________________________
Fax Number:________________________________
*Contact person for all ADFA correspondence and contact regarding this development.
1
Is the Applicant also the Developer?
Yes_________ No________
If not, please complete the following information:
Developer (If different than the Applicant):
Development Company:_____________________________________________________________________
*Contact Person:___________________________________________________________________________
Address:_________________________________________________
City:________________________
State:__________ Zip Code:_______________ Email Address:_____________________________________
Phone Number:__________________________
Fax Number:_______________________________
*Contact person for all ADFA correspondence and contact regarding this development.
III. PARTNERSHIP INFORMATION :
Partnership or its General Partner(s).
______ For Profit
(Please note: ADFA reserves tax credits to the
Reservations are non-transferable. Any changes in General Partner Status requires a new application)
_______ Non-Profit
(Non-Profits must complete Section XXVI.)
LIMITED PARTNERSHIP: __________________________________________________________
Federal Tax Identification Number:____________________________________________________
NAME OF GENERAL PARTNER(S)
ADDRESS/ PHONE NO.
TOTAL
NAME OF LIMITED PARTNER(S)
ADDRESS/PHONE NO.
TOTAL
% OF OWNERSHIP
0.00
%
% OF OWNERSHIP
0.00
%
2
IV. SPECIAL HOUSING NEEDS SET-ASIDES
(LIHTC Applicants only) Applicant must meet Set-Aside Requirements. Please mark all that are applicable.
Will a qualified non-profit organization, as defined in IRC § 501(c)(3) or § 501(c)(4), materially participate in
the development and operation of the development throughout the compliance period ?
___________ Yes
__________ No
Is the applicant requesting HOME Program funds for the development or has the applicant received a
commitment for funding to the development from Rural Development?
___________ Yes
__________ No
Will the development be an Assisted Living Development?
___________ Yes
__________ No
Will the development be developed by or in conjunction with any Public Housing Authority or Section
8 Contract Administrator in good standing with the U.S. Department of Housing and Urban Development?
___________ Yes
__________ No
Will the development be located within one of the following twelve counties: 1) Arkansas; 2) Benton;
3) Cleburne; 4) Conway; 5) Crittenden; 6) Grant; 7) Lonoke, 8) Mississippi; 9) Phillips; 10) Pulaski;
11) Saline; or 12) Van Buren; Presidentially declared disaster areas as set forth in FEMA Declaration 1785-DR.
___________ Yes
__________ No
V. PREVIOUS PARTICIPATION OF APPLICANT/DEVELOPER/
CONSULTANT
Separately list all previous participation of the applicant, developer, and consultant in any development which
received an allocation of federal low-income housing tax credits from ADFA. (Attach separate listing if
necessary).
**For developments requesting HOME funds, identify the past five years of participation by the applicant,
developer, and consultant in HOME program funds developments.
NAME OF PARTICIPANT AND
DEVELOPMENT
LOCATION
DATE OF LIHTC RESERVATION
AND STATUS OF DEVELOPMENT
Click this button to create addtional copies of this page. Complete, save and print the additional copies.
3
VI. DEVELOPMENT TYPE
_____ New Construction
_____ Acquisition/Rehabilitation
VII. DEVELOPMENT INFORMATION
0.00%
TOTAL No. of Units:_______ No. of LIHTC Units:________ Percentage of LIHTC Units:___________
0
Number of units designated for Manager(s)/Employee(s) per IRS REVENUE RULE 92-61: _________
--Included in No. of LIHTC Units:
Yes_________ No_________
--Included in No. of Market Rate Units: Yes_________ No________
(If yes, include in
TOTAL and LIHTC units
numbered
above. If no, do not
include above.)
(If yes, include only in
TOTAL units numbered
above. If no, do not
include above.)
Type of Construction:
_______Row/Townhouse
_______Detached Single Family
_______Garden Apartments
Elevator
Slab on Grade
Full Basement
Crawl Space
Yes_________
Yes_________
Yes_________
Yes_________
No_________
No_________
No_________
No_________
Total No. of Buildings:___________
Total No. of Stories:________________
Total No. of Parking Spaces:________
Total No. of Handicap Parking Spaces:_____________
Total Gross Floor Area for all Buildings:___________________________________ (Sq. Feet)
Total Residential Floor Area:_____________ Total LIHTC Residential Floor Area: _____________
(Sq. Feet)
(Sq. Feet)
Recreation Facilities/Common Space (list): _________________________________________________
Commercial Facilities (list):______________________________________________________________
Type of Units:
_______Multi-Family Housing
55
_______Senior Housing
_______Assisted Living
62
Other
________Special Needs/Supportive Services
________Single Room Occupancy
________Other: ____________________________
Targeting of Units: (If proposed development is elderly it must be housing for older persons as defined at
42 USC § 3607(b)(2)
and Ark. Code Ann. § 16-123-307(d)(1).)
Senior - No. of Units: ________
Handicapped - No. of Units: ________
Family - No. of Units (3 & 4 bedrooms): ________
Other:_________________ No of Units: ________
(For HOME Applicants) Number of Units that are 504 accessible: ____________
4
UNIT SIZE BREAKDOWN
(Include Manager/Employee Unit(s)
within applicable Bedroom Size)
NO. OF
UNITS
NET Square Footage Average Square
of smallest of
Footage of same
same bedroom
bedroom size
size units
units
Efficiency
____Bedroom(s)
AVERAGE COST
PER SQ. FT.
$________________
AVERAGE COST
PER UNIT
____Bedroom(s)
$_______________
____Bedroom(s)
____Bedroom(s)
PER UNIT COST
CAP AVERAGE
TOTAL UNITS
$_______________
0
0
(Including Manager/Employee Unit(s))
VIII. SITE INFORMATION
(Site Control Documentation must be submitted at TAB #6)
Is site currently under control for the development? Yes_______
If yes, control is in the form of:
______Deed
______Purchase Contract
______Option
______Other:
Expiration Date of Contract or Option:
_______________ (Month/Year)
Has an appraisal been completed on the property? Yes_______
Appraised Value of the Land and Improvements: $
Total Cost of Land: $ _____________
No________
No________
Exact Area of Site: ___________ (acres)
Name of Seller: ________________________________________________________________
Address: _____________________________________________________________________
Phone:
City:________________________ State & Zip:
Is site properly zoned for your development?
Yes_______
(Proper zoning documentation must be submitted at TAB #7.)
No________
Are all utilities presently available to the site? Yes_______
No________
If no, which utilities need to be brought to the site?
______Electric
______Water
______Phone
______Sewer
______Gas
______Other:_____________________
IX. ACQUISITION OF EXISTING BUILDINGS
(Complete for all rehabilitation developments)
How many buildings will be acquired for the development?
Are all the buildings currently under control for the development?
If no, how many buildings are under control for the development?
____________________
Yes_______ No_______
____________________
When will the rest of the buildings be under control for acquisition? _________________________
(Month / Year)
5
LIST BUILDINGS UNDER CONTROL
ADDRESS(ES) OF BUILDINGS
TYPE OF CONTROL
OWNERSHIP, OPTION,
PURCHASE CONTRACT
EXPIRATION DATE
OF CONTROL
DOCUMENT
ACQUISITION
COST OF
BUILDING
NO. OF
UNITS
1.
2.
3.
4.
5.
6.
(Attach Needed Additional Pages)
X. ACQUISITION INFORMATION
Building(s) acquired or to be acquired from:
_____Related Party
_____Unrelated Party
Building(s) acquired or to be acquired with Buyer's Basis
_____Determined with reference to Seller's Basis
_____Not Determined with reference to Seller's Basis
List below the building address; previously assigned BIN, if applicable; first year of prior compliance period, if
applicable; date the building was placed in service by previous owner; date of planned acquisition by the applicant;
and the number of years between date the building was last placed in service and the date of acquisition or most
recent nonqualified substantial improvement. See 26 USC 42(d)(2).
ADDRESS AND
BIN
OF BUILDINGS
PRIOR LIHTC
ALLOCATION
*YES*
OR
NO
FIRST YEAR OF
PRIOR
COMPLIANCE
PERIOD AS
INDICATED ON
IRS FORM 8609
PLACED-INSERVICE
DATE (PIS)
BY THE
PREVIOUS
OWNER
DATE
OF
ACQUISITION
BY THE
APPLICANT
NUMBER OF YEARS
BETWEEN, ACQUISITION
AND PREVIOUS PIS OR
MOST RECENT
NONQUALIFIED
SUBSTANTIAL
IMPROVEMENT
1.
2.
3.
4.
5.
6.
(Attach Needed Additional Pages)
*If YES*, attach a copy of IRS Form 8609 filed the first tax credit year with the IRS and “LAND USE RESTRICTION
AGREEMENT” previously recorded on any building that is a part of the development at TAB #29.
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6
XI. RELOCATION INFORMATION
Are the units currently occupied by tenants? Yes________ No_______
Does this development involve any relocation of tenants within the development? Yes________ No_______
Does this development involve any relocation of tenants outside the development? Yes________ No_______
If yes, please describe the proposed relocation assistance, if any.
A COMPLETE TENANT AUDIT IS REQUIRED FOR ALL REHAB DEVELOPMENTS – ATTACH AT
TAB #17.
XII. EXISTING SUBSIDIES WITH ACQUISITION DEVELOPMENTS
_______
_______
_______
_______
Section 221(d)(3) BMIR
Section 521 Rental Assistance
Section 236
Section 8 Project Based Rental Assistance
Is HUD Approval for Transfer of Physical Asset Required? Yes_______ No________
XIII. ENERGY AND EQUIPMENT INFORMATION
ENERGY EQUIPMENT
TYPE SYSTEM (FORCED
AIR, HOT WATER, ETC.)
EFFICIENCY RATING
Heating
Air Conditioner
Domestic Hot Water
Equipment that must be included with Unit (Low-Income Units)
_____ Range
______ Central Heat
_____ Refrigerator
_____Central Air
(Also see ADFA Multi-Family Housing
Minimum Design Standards)
_____ Laundry Facility
_____ Kitchen Exhaust
_____Window Treatments
Equipment that must be included with Unit (Market Rate Units)
_____ Range
______ Central Heat
_____ Refrigerator
_____Central Air
_____ Laundry Facility
_____ Kitchen Exhaust
_____Window Treatments
7
XIV. MONTHLY UTILITY ALLOWANCE CALCULATIONS
UTILITIES
Type of
Utility
(Gas,
Electric)
Utilities
Paid By
(Tenant
or
Owner)
Utility Allowance/Month
Eff
1BR
2BR
3BR
4BR
5BR
0
0
0
0
0
0
Cooking
Heating
Hot Water
Electric
Lighting
Air Conditioning
Water
Sewer
Trash
Other
Total TENANT paid utility allowance
Source of Utility Allowance Calculation (Documentation must be included at TAB #5)
__ Public Housing Authority (PHA)
__ Housing & Urban Development (HUD)
__ Utility Company
__ Rural Development (USDA RD)
XV. MINIMUM SET-ASIDE ELECTION
The Owner irrevocably elects on the Minimum Set-Aside Requirements (Check only one)
____
At least 20% of the rental residential units in this development are rent-restricted and to
be occupied by individuals whose income is 50% or less of area median income.
____
At least 40% of the rental residential units in this development are rent-restricted and to
be occupied by individuals whose income is 60% or less of area median income.
____
Deep Rent skewing as referred to in Section 42(g)(4) and defined at Section 142(d)(4)(B) of
the Internal Revenue Code.
HOME APPLICANTS ONLY COMPLETE THE FOLLOWING:
Low-Income Affordability and Rent Control Period (check one)
_____
_____
_____
_____
_____
_____
5 Years HOME Assistance/Unit $40,000/unit
20 Years New Construction
__ Years FHA Insured
__ Years (Other)
8
XVI. RENTAL ASSISTANCE:
Are any low-income units receiving or will receive Rental Assistance? Yes_______ No_______
If yes, identify the type of Rental Assistance:
No. of units receiving Assistance: ________
Rental Assistance Contract Expires: ___________
A copy of the Rental Assistance Contract must be submitted at TAB #30.
XVII. DEVELOPMENT TAX CREDIT RENTS:
List the maximum applicable affordable housing tax credit rents for the development location:
0-BDR.
1-BDR.
2-BDR.
3-BDR.
4-BDR
30% of Area Median Income
50% of Area Median Income
60% of Area Median Income
Development Affordability: Describe the procedures that will be used to ensure that the units
remain affordable and occupied by low-income households for at least the required term of LIHTC
or HOME Program Affordability.
XVIII. DEVELOPMENT INCOME
Tax Credit Units Not Supported by HOME Funds
Total Number of Tax Credit Units: ____________
(D O NOT INCLUDE HOME ASSISTED UNITS – USE PAGE 11 FOR HOME ASSISTED UNITS)
# of
Bedrooms
#
of Units
% Area
Median
Income
(30/50/60)
Proposed
Monthly
Net Rent Per
Unit
Monthly
Utility
Allowance
Monthly Gross
Rent Per Unit
Total Monthly
Income
By Unit Type
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Total Monthly
Rental Income
$0
Total Annual
Rental Income
$0
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9
Units Receiving Project Based Rental Assistance: Separately indicate those units receiving project based rental
assistance.
Market Rate Units Only
# of
Bedrooms
Total Number of Market Rate Units: _____________
#
of Units
Proposed
Monthly Rent
Total Monthly Rent
By Unit Type
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Total Monthly
Rental Income
$0
Total Annual Rental
Income
$0
10
HOME Assisted Units (Fill out Low HOME Rents and High HOME Rents Sections)
Low HOME Rents: Low HOME Rents - at least 20% of the rental units assisted with HOME funds must have rents
no greater than the established Low HOME Rents. These are very low-income families. Low HOME Rents are
defined as rents that are not greater than 30% of the adjusted gross income of a family whose income is 50% of
the median income for the area (AMI), adjusted for unit size. The Proposed Rents plus the HUD Utility Allowance
for the unit cannot be greater than these rent limits for each bedroom size. HUD maximum income limits can be
found at ADFA's website:
http://www.arkansas.gov/adfa/HOME%2008/2008%20HOME%20Program%20Income%20and%20Rent%20Limits.pdf.
HUD maximum LOW HOME and HIGH HOME rents can be found at ADFA's website:
http://www.arkansas.gov/adfa/HOME%2008/2008%20HOME%20Rent%20Limits.pdf
# of
Bedrooms
# of
Units
% Area
Median
Income
(30/50)
Proposed
Monthly Net
Rent Per Unit
Utility
Allowance
Proposed Monthly
Gross Rent Per
Unit
(cannot exceed HUD
Maximum LOW
HOME rent)
Maximum
LOW HOME
Rent
Total Monthly
Income By
Unit Type
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Separately indicate those units receiving project
Units Receiving Project Based Rental Assistance:
based rental assistance which increases rents beyond HOME/LIHTC limits.
Total Monthly
Rental Income
$0
Total Annual
Rental Income
$0
High HOME Rents: High HOME Rents - up to 80% of HOME-assisted rental units may have High HOME Rents.
Higher HOME rents are defined as units with rents the lesser of (1) the existing Section 8 Fair Market Rents (FMR) or
(2) 30% of the annual gross income of a family whose income equals 65% of the median income for the area, adjusted
for unit size.
Refer to the Rent Limits for your area provided in the website listed above and compare the FMR number and the
65% figure. Write the lower of these two numbers in the last column above for each bedroom size. Your Proposed
Rent plus the Utility Allowance for the unit cannot be greater than this rent limit for each bedroom size.
# of
Bedrooms
# of
units
Proposed Monthly
Net Rent Per Unit
Utility
Allowance
Proposed Monthly
Gross Rent Per Unit
(cannot exceed HUD
Maximum HIGH rent)
Maximum HIGH
HOME Rent
Total Monthly
Income By
Unit Type
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Total Monthly
Rental Income
$0
Total Annual Rental
Income
$0
11
ALL APPLICANTS COMPLETE THE FOLLOWING SECTION:
Total Annual Gross Rent Income:
Tax Credit Rent Annual Gross Income
$0
Fair Market Rent Annual Gross
Income
Low HOME Rent Annual Gross
Income
High HOME Rent Annual Gross
Income
Additional Rent Annual Gross Income
(From Additional Pages 9 - 11, if any)
$0
$0
$0
TOTAL RENTAL INCOME
$0
XIX. ANNUAL EXPENSE INFORMATION
Annual Expenses
(Complete this section listing the annual operating expenses for all the units).
Annual Development Income
1. Annual Gross Rental Income
$0
2. Vacancy Factor of
3. Annual Effective Gross Residential
Income (1 - 2)
4. Annual Laundry Income
$0
$0
5. Annual Vending Income
$0
6. Annual Late Fees
$0
7. Annual Interest Income
$0
8. Annual Non-refundable Pet Fee
$0
9. Interest Income-reserve
$0
10. Lease Cancellation Fee
$0
11. Deposit Forfeitures
$0
12. Application Fee Income
$0
13. Annual Other Income
$0
14. Annual Effective Other Income
(4 + 5 + 6 + 7 + 8 + 9 + 10 + 11+12+13)
$0
Total Annual Effective Income
(3+14)
$0
Operating Expense Budget - Yearly Estimate
1. General and Administrative
Advertising & Marketing
Management Fee
$0
__________
__________
$0
0.00%
Percent of Effective Gross Residential Income ____
Administrative
Legal
Accounting
Office Supplies
Credit Investigations
Leasing Fees
Other
TOTAL ADMINISTRATIVE COSTS
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
12
2. Payroll Related
Administrative Payroll
Maintenance Payroll
Workman s Compensation
Health Insurance
Payroll Taxes
Other Fringe benefits
TOTAL PAYROLL
__________
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
3. Maintenance
Decorating
Pool
Exterminating
Repairs
Security
Ground Expenses
Building Supplies
Other
TOTAL MAINTENANCE COSTS
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
4. Operating
Fuel (heating and hot water)
Lighting & Misc. Power
Water/Sewer
Trash Removal
Janitorial
Telephone
Other
TOTAL OPERATING COSTS
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
$0
__________
5. Taxes and Insurance
Real Estate Taxes
Insurance
Other Taxes, Licenses, Fees
TOTAL TAXES AND INSURANCE
__________
$0
__________
$0
__________
$0
__________
6. TOTAL Annual Expenses:
$0
$0
$0
$0
Total __________ Per Unit ________
$0
Note: Replacement Reserves cannot be less than:
7. Replacement Reserves
_____________*
8. Net Operating Income (NOI)
_____________
$0
$0
$0
9. 1st Mortgage Debt Service: (Source)_____________ _____________
$0
10. 2nd Mortgage Debt Service: (HOME Funds)
_____________
11. Other Debt Service: (Source)__________________
_____________
12. Other Debt Service: (Source)__________________
_____________
13. Total Debt Service
_____________
If HOME Loan annual payment deferred until
4th year, enter $0.00. Otherwise, enter the
HOME Loan annual payment.
$0
$0
$0
13
14. Cash Flow
$0
$_____________
15. Total HOME Loan Amount
$_____________
16. Owner Equity
$0
$_____________
$0
Ratios
Debt Coverage Ratio (DCR)
(cannot be less than 1.10)
Fourth year DCR as indicated on Pro Forma
when HOME Loan Deferred
_______________
_______________
HOME Loan to Value Ratio
_______________%
Formulas
Net Operating Income (Item 8 above) divided by Total Debt Service (Item 13 above) =
Debt Coverage Ratio (DCR)
When HOME Loan Deferred to Fourth year, DCR cannot be less than 1.10
HOME Loan percent of development appraised value = HOME Loan to
Value Ratio
Operating Reserves
Note: Operating Reserves cannot be less than:
$0
$__________________________________*
(No less than 4 months of the sum of:
(a) projected annual operating expenses,
(b) annual debt service payments and
(c) annual replacement reserve deposits)
* ________________________________________________________
________________________________________________________
________________________________________________________
(Name and Address of Financial Institution Where Held)
Annual Expense/Income Information Verification
_____________________________________________________________________
CERTIFIED CORRECT (Applicant or Authorized Representative)
DATE
______________________________________________________________________________________________________
ADFA APPROVAL (ADFA Approval Official)
DATE
________
Check if all commitment letters are enclosed from lending/financing sources
All Applicants must complete the Pro Forma, Attachment C, and attach at TAB #18.
14
XX. SOURCE OF FUNDS (GRANTS AND OTHER FUNDS)
Is any portion of the source of funds for the development financed directly or indirectly with federal, state or
local government funds? Yes______ No________
If yes, then check the type and list the amount.
_____Tax-Exempt Bond
Estimated Net
Proceeds
$ ___________
______ HOME Funds
Match (see below)
$____________
_____CDBG Financing
$ ___________
_____ CDBG Grant
$ ____________
_____ Federal Home Loan
Bank*
$ ___________
_____ UDAG Grant/
Financing
$ ____________
_____ HODAG Financing
$ ___________
_____ HODAG Grant
$ ____________
_____ USDA 515 Financing
$ ___________
_____ State Grant
$ ____________
_____ Rental Rehabilitation
Grant Funding
$ ___________
_____ Local Grant
$ ____________
_____ HOME Funds
$ ___________
_____ Other
*Not a federal subsidy if from Affordable Housing Program
$ ____________
Each applicant for HOME funds will be required to meet a 12.5% non-federal matching requirement.
Applicants must structure their proposals based on the 12.5% matching requirement and submit Attachment
M, which is an itemization of all proposed match requirements and include in TAB #48.
XXI. CREDIT ENHANCEMENT OR PRIVATE PLACEMENT
(For Tax-Exempt Bond Applicants Only)
Principal Amount of Bonds Requested for Reservation $ _________________________________
Will the permanent financing have any type of credit enhancement? Yes_________ No_________
If yes, list type of enhancement(s): _____________________________________________________
If not, attach an Investor Letter from the Qualified Investor as defined in IX(F) of the 2009 Guidelines for
Allocating Tax-Exempt Multi-Family Private Activity Volume Cap.
If Tax-Exempt financing is used, list the percentage of the tax-exempt financing to the total cost of
development: ___________%
XXII. NOTIFICATION OF LOCAL OFFICIAL
(Provide a letter from the highest elected official
in which the development shall be located stating that he or she approves of the development and include in TAB #9.)
Name of Jurisdiction: ___________________________________________________________
Name of Highest Elected Official: _________________________________________________
Title: ________________________________________________________________________
Address: ______________________________________________________________________
City, State & Zip: ______________________________________________________________
Telephone: (______) ____________________________________________________________
15
XXIII. SOURCE OF FUNDS (CONSTRUCTION AND PERMANENT
FINANCING
Construction Financing Information:
SOURCE OF FUNDS,
CONTACT PERSON ANDTELEPHONE NUMBER
AMOUNT OF FUNDS
1.
$
2.
$
3.
$
4.
$
TOTAL SOURCE OF FUNDS FOR CONSTRUCTION
$0
$
Permanent Financing Information:
NAME OF LENDER OR SOURCE,
CONTACT PERSON AND
TELEPHONE NUMBER
AMOUNT
OF FUNDS
INTEREST
RATE
AMORT.
PERIOD
(MONTHS)
LOAN
TERM
(MONTHS)
ANNUAL DEBT
SERVICE
First Mortgage
%
HOME (Second Mortgage)
%
Third Mortgage
%
Proceeds from Federal Low-Income
Housing Tax Credits
Proceeds from State Low-Income
Housing Tax Credits
Proceeds from Historic Tax Credits
Deferred Developer Fee
%
Other (Describe)
%
Totals
$0
$0
Attach copies of financing commitment letters or letters of interest from EACH FUNDING SOURCE
listed above at TAB #4.
16
XXIV. DEVELOPMENT COSTS
Eligible Basis by Building Type
COSTS***
SUPPORTED
BY
HOME
FUNDS
ITEMIZED COST
OTHER COSTS
To Purchase Land & Buildings
Purchase of Land
Purchase of Existing Structures
Other:
Other:
Site Work
Site Work
On-Site Infrastructure Improvement
Off-Site Infrastructure Improvement
Demolition
Other:
Rehabilitation & New Construction
New Building
Rehabilitation
Accessory Building
General Requirements
0.00% ≤ 7%
Contractor Overhead
0.00% ≤ 4%
0.00% ≤ 10%
Contractor Profit
Other:
Other:
Contingency
Construction Contingency
Soft Costs Contingency
Other:
Architectural, Engineering & Legal Fees
Architect Fee – Design
Architect Fee – Supervision
Engineering Fees
Attorney Fees
Other Fees:
Other Fees:
Other Fees:
Other Fees:
Other Fees:
Interim Costs
Construction Insurance
Construction Interest
Construction Loan Origin. Fee
Construction Loan Credit
Enhancement
Real Estate Taxes
Other:
Financing Fees and Expenses
Bond Premium
Credit Report
Permanent Loan Origin. Fee
Permanent Loan Credit
Enhancement
Cost of Issue/Underwriters
Discount
Title and Recording
Bond Counsel's Fee
Other:
Other:
Other:
Subtotal
EXISTING
BUILDINGS
ELIGIBLE
BASIS
4% LIHTC
TOTAL
ACTUAL
COST
NEW
BUILDINGS
ELIGIBLE
BASIS
4% or 9% LIHTC
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
*** Break out HOME Fund assistance from Total Actual Cost.
17
Eligible Basis by Building Type
COSTS***
SUPPORTED BY
HOME FUNDS
ITEMIZED COST
Soft Costs
Property Appraisal
Market Study
Environmental Report
Tax Credit Fees
Compliance/Monitoring Fee
Lease-Up Expense & Marketing
Other:
Other:
Syndication Costs
Organizational (Partnership)
Bridge Loan Fees & Expenses
Tax Opinion
Other:
Other:
Developer and Consultant Fees
Developer's Fee:
Developer’s Overhead:
Consultant’s Fee:
Other:
Other:
Development Reserves
Replacement Reserve
Operating/Lease-up Reserve
Other Reserve:
Other Reserve:
OTHER
COSTS
EXISTING
BUILDINGS
ELIGIBLE
BASIS
4% LIHTC
TOTAL
ACTUAL
COST
NEW
BUILDINGS
ELIGIBLE
BASIS
4% or 9% LIHTC
0
0
0
0
0
0
0
0
0
0
0
0
0
0.00%
Total Fees =
New Construction Cannot Exceed:
$0
$0
Acquisition/Rehabilitation Cannot Exceed:
$0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Subtotal
Subtotal from previous page
0
0
0
Total
$0
Less portion of federal grant used to
finance qualifying development cost.
List grants______________
Less amount of non-qualified nonrecourse financing
Less amount of non-qualified units of
higher quality
Less non-qualifying excess portion of
higher quality units
Less Historic Tax Credit (Residential
Portion Only)
Net Eligible Basis
0.00
0.00
30% Adjustment for high cost area
(QCTs and DDAs)
$0
$0
Total Eligible Basis
$0
$0
Multiplied by the Applicable
Fraction
0.0000
0.0000
Total Qualified Basis
$0
$0
Multiplied by Applicable Percentage
ANNUAL FEDERAL TAX
CREDITS REQUESTED
TOTAL ANNUAL FEDERAL TAX
CREDITS REQUESTED
STATE TAX CREDITS
REQUESTED (20% OF FEDERAL)
0.00%
0.00%
$0
$0
$0
$600,000
Select 0.20 from the pull down menu
if requesting State Tax Credits.
0.00
This amount is the lesser of the
total amount of federal credits
requested or applicable
development credit cap.
$0
$0
18
PLEASE NOTE: The actual amount of credit for the development is determined by the Housing Credit Agency. If the
development is eligible for Historic Tax Credit, include a complete breakdown of the determination of eligible basis for the
Historic Credit with the application.
(For HOME Applicants)
Submit the following to support this proposed budget: copies of general contracts, estimates or sworn
statements at TAB #37.
*When used for new construction, HOME funds may be used to fund an initial operating deficit reserve, which
is a reserve to meet any shortfall in development income during the period of development rent-up (not to
exceed 18 months) and which may only be used to pay operating expenses, reserve for replacement payments
and debt service. Any HOME funds placed in an operating deficit reserve that remain unexpended when the
reserve terminates must be returned to the Authority.
XXV. SYNDICATION INFORMATION
(Provide information below concerning syndication and
estimated proceeds from sale of Housing Credits and State Housing Credits if utilizing as source of funds)
Annual allocation amounts for:
Federal Low-Income Housing Credits
State Low-Income Housing Credits
Historic Rehabilitation Tax Credits
$____________________
$____________________
$ ____________________
Total Tax Credit Equity expected to be raised:
Type of Offering:
_____Public
_____Private
$
Type of Investor:
_____Individuals
_____Corporations
Name of Tax Credit Fund:________________________________________________________
Equity/Syndicator Entity:
Name:
Contact:
Address:
City, State, Zip Code:
Phone/Fax #:
/
Describe when equity will be paid into the development (i.e. at time of what events) and how much will be paid
in at each event:
AMOUNT OF TAX
CREDIT EQUITY PAID
TO THE DEVELOPMENT
EVENT
$
$
$
$
19
XXVI. NON-PROFIT DETERMINATION
Articles of Incorporation and IRS documentation of status must be attached with Application at Tab #13.
Pursuant to Section 42(h)(5) of the Internal Review Code, the non-profit organization involved in the
development must: (1) own an interest in the development; (2) must materially participate in the development
and operation of the development throughout the compliance period; and (3) not be affiliated with or controlled
by a for-profit organization. Within the meaning of IRC 469(h), "a (nonprofit) shall be treated as materially
participating in an activity only if the (nonprofit) is involved in the operations of the activity on a basis which is
regular, continuous, and substantial."
___ 501(c)(3) Organization
___ 501(c)(4) Organization
___ Exempt purposes, as stated in Articles of Incorporation,
include fostering of Low-Income Housing
___ Exempt from tax under Section 501(a)
___ Complies with IRS Revenue Procedure
96-32
(1) Identify the ownership interest in the development by the non-profit organization involved:
(2) Submit at TAB #13, an original, signed statement from an authorized official of the non-profit
organization stating that the non-profit organization is not affiliated with or controlled by a for-profit
organization.
(3) Submit at TAB #13, an original, signed statement from an authorized official of the non-profit
organization that details the non-profit organization’s participation in the development and operation of
the development, how that participation will be “regular, continuous, and substantial” and how it will be
maintained throughout the compliance period.
(4) Submit at TAB #13, a list the names of Board Members for the non-profit organization.
(5) Submit at TAB #13, a list of all paid, full time staff and sources of funds for annual operating expenses
and current programs.
(HOME APPLICANTS COMPLETE THE FOLLOWING)
Federal Labor Standards (Davis-Bacon):
If the development to be constructed/rehabilitated contains 12 or more HOME assisted units, the
federal labor standards provisions regarding the payment of prevailing wage rates as determined by
the Department of Labor apply.
Contractor Licensing:
Must have contractor licensed by State for developments over twenty thousand dollars
($20,000). (Copy of License must be included at TAB #35)
Does the general contractor have experience?
Yes _______
No _______
Special Needs Populations:
Identify any development features designed to serve populations with special housing needs, including
persons with disabilities, the elderly or large families (units with 3 or more bedrooms). This could
include design features, occupancy preferences, etc.
Building and Energy Standards:
Describe the construction and energy standards that will be used for the development. Upon
completion, all units must meet Section 8 Housing Quality Standards or local codes, if applicable.
Development costs greater than $25,000/unit must meet all local codes, rehabilitation standards, zoning
ordinances, and the Cost Effective Energy Standards (24 CFR Part 39). New construction
developments must meet all local codes, building standards, zoning ordinances, and the Model Energy
Code published by the Council of American Building Officials and the State Energy Code.
20
XXVII. DEVELOPMENT TEAM INFORMATION
At Tab # 11, each development team member must submit a cover letter describing its participation in the development along with a copy of its
resume listing qualifications, experience, previous experience with the low-income housing tax credit program, address and telephone number. The
development team member with the requisite minimum experience must identify the development and describe its role in achieving the minimum
experience. In addition, the applicant, consultant, and each development member must separately complete and execute Attachment A, the
“Criminal Background and Disclosure Form – Housing”, and submit at Tab #12.
For HOME Applicants: The Owner’s financial statements, including income statements and balance sheets,
must be provided.
DEVELOPER:___________________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________
City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________
Fax Number:____________________________
CONSULTANT:__________________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________
City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________
Fax Number:____________________________
ARCHITECT:___________________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________
City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________
Fax Number:____________________________
CONTRACTOR:_________________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________
City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________
Fax Number:____________________________
21
MANAGEMENT COMPANY:________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________
City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________
Fax Number:____________________________
TAX ATTORNEY:________________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________
City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________
Fax Number:____________________________
BOND ATTORNEY:______________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________
City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________
Fax Number:____________________________
ACCOUNTING/CPA CONSULTANT:_________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________
City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________
Fax Number:____________________________
ENERGY CONSULTANT/AUDIT FIRM: _______________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________
City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________
Fax Number:____________________________
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APPLICATION PREPARER:________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________
City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________
Fax Number:____________________________
*Contact person for all ADFA correspondence and contact regarding this development.
Please list any direct or indirect, financial or other interest a member of the development team may have with
another member of the development team. List "NONE" if there are no identity of interest.
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
XXVIII. DEVELOPMENT TIMELINE
Fill in completion or anticipated completion dates for all development tasks listed. Make sure the dates are
realistic.
Task
SITE/DEVELOPMENT START UP
Option/Contract
Site Acquisition
Zoning Approval
Plans and Bid Specs
Site Analysis
Initial Closing (HOME Applicants)
Closing and Transfer of Property
FINANCING
Construction Loan
Loan Application
Conditional Commitment
Firm Commitment
Permanent Loan
Loan Application
Conditional Commitment
Firm Commitment
Other Loans and Grants (Type/Source)
Application
Award
Completion Date
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CONSTRUCTION/IMPLEMENTATION
Construction Contract Awarded
Pre-Construction Conference
Construction starts
Stage 1 completed
Stage 2 completed
Stage 3 completed
Marketing Begins
Construction Completed
Occupancy/Rent-up Begins
Full Occupancy Obtained
Tax Credit Placed in Service Date
EXPENDITURE OF FUNDS
25%
50%
75%
100%
XXIX. APPLICATION & OTHER FEES
Regardless of the funding decisions, the application fees are non-refundable. The Application fee must be
included with the Application at Tab # 2.
Make all checks payable to: ARKANSAS DEVELOPMENT FINANCE AUTHORITY
LIHTC Applicants Only:
________ Developments, four (4) units or less
________ Non-Profit Sponsor [more than four(4) units]
________ For Profit Owner [more than four (4) units]
$300.00
$300.00
$500.00
Reservation Fee:
A Reservation Fee equal to $100.00 per low-income housing tax credit unit will be
required at time of reservation.
Allocation Fee
An Allocation Fee equal to $100.00 per low-income housing tax credit unit will be
required at time of the allocation of credits.
Monitoring Fee
A one-time fee of eight percent (8%) of the actual total annual allocation of low-income
housing tax credits will be required prior to the issuance of IRS Forms 8609.
Overpayments will not be refunded.
Tax-Exempt Multi-Family Volume Cap
_________ All Developments
$500.00
See additional fees outlined in the 2009 Guidelines for Reserving Volume Cap for Tax-Exempt
Private Activity Bonds for Residential Rental Housing
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XXXI. SIGNATURE PAGE
LIHTC/Tax Exempt Bond Applicants
The undersigned, hereinafter referred to as “Applicant,” is responsible for ensuring that the development represented in this
Application is or will be a qualified low-income housing project as defined in Section 42 of the Internal Revenue Code and
will comply with all applicable requirements of Section 42 of the Internal Revenue Code, all amendments thereto, all
regulations promulgated thereunder, and all guidance published by the Internal Revenue Service, United States Department
of Treasury and Department of Housing and Urban Development in the acquisition, rehabilitation, construction and operation
of the Development.
Applicant is responsible for the accuracy of all representations made to Arkansas Development Finance Authority (“ADFA”),
the Internal Revenue Service (“IRS”), the United States Department of Treasury (“Treasury”), and the Department of
Housing and Urban Development (“HUD”). Applicant agrees to accept only the amount of federal low-income housing tax
credits to which Applicant is legally entitled under the facts and circumstances represented by Applicant. ADFA has neither
responsibility nor liability for determining Applicant’s eligibility for, or extent of eligibility for, claiming any federal or state
low-income housing tax credit against tax liability in any year. Applicant acknowledges that, although ADFA is Arkansas’s
allocating agency for federal low-income housing tax credits, ADFA is not Applicant’s legal counsel or tax advisor and has
no fiduciary duty to the Applicant. Applicant certifies that in its preparation of this Application and planning of the
Development represented herein, Applicant has not relied on any representation(s) made by ADFA or its agents except as set
forth in ADFA’s Qualified Allocation Plan, as amended.
Applicant warrants that the Development will be constructed in accordance with the representations contained in the
application submitted for the Development, all Exhibits and Attachments to such Application. “Exhibits and Attachments”
include but are not limited to the submitted Plans and Specifications and Attachment G. Any variance from such
representations must be agreed to, in writing, prior to such variance, by ADFA. Applicant acknowledges that the
Development must comply with the applicable Qualified Allocation Plan (“QAP”). Applicant warrants that the Development
will be acquired, rehabilitated, constructed and operated in accordance with such QAP and all related guidance published by
ADFA. Applicant hereby certifies that it will place the Development in service in accordance with all applicable Section 42
requirements.
Applicant hereby makes application to ADFA for one or more of the following, as set forth in the Application: federal lowincome housing tax credits and/or tax credits with HOME Program funds. Applicant certifies that it has experience in and
knowledge of all federal and state requirements of the programs for which it is applying herein. Applicant certifies that in
addition to experience and knowledge of all applicable requirements under the stated programs, Applicant has the capacity to
acquire, rehabilitate, construct, operate and maintain the Development in compliance with all applicable program
requirements for the required affordability period. Applicant certifies that it will comply with all requirements set forth by
Section 42 of the Internal Revenue Code, all Treasury notices and publications, regulations, all HUD notices and publications
and all requirements set forth by ADFA. Applicant understands and agrees that Applicant has exclusive responsibility for
compliance with all applicable program requirements whether or not specifically set forth in writing by ADFA. Applicant
understands and agrees that, if awarded, the Development will be monitored by ADFA and noncompliance will be reported to
all appropriate agencies, whether or not the requirement(s) for which the Development is found to be out of compliance were
specifically set forth in writing by ADFA. Applicant accepts sole responsibility and liability for understanding and ensuring
the Development’s compliance with all program re