Section 10-B4106. APPLICATIONS FOR HOUSING PRODUCTION TRUST FUND ASSISTANCE

 

4106.1An entity may be eligible to make application for financial assistance from the Fund if the entity:

 

(a)Is a person, partnership, joint venture, non-profit or for-profit organization, corporation or other entity legally capable of entering into contractual obligations;

 

(b)Can establish to the satisfaction of DHCD or its designee reasonable capacity to provide the financial requirements of the project;

 

(c)Supplies information satisfactory to DHCD or its designee of its management capabilities with respect to development, ownership or operation of the project; and

 

(d)Certifies its compliance and warrants continued compliance with all applicable non-discrimination, equal opportunity, affirmative action, and minority business enterprise requirements of the federal and District governments.

 

4106.2All applicants shall demonstrate evidence satisfactory to DHCD or its designee of site control of the specified property to be developed. Evidence of site control may include, but is not limited to, the following:

 

(a)Title by deed or similar instrument evidencing ownership; or

 

(b)Fully executed purchase contract, installment contract, option agreement or similar contractual instrument.

 

4106.3DHCD reserves the right to develop specific procedures consistent with the Act and this chapter. The Department shall afford priority consideration to Non-profit Housing Developers and developers that are Local Small Disadvantaged Business Enterprises. The Department also may afford priority consideration project sponsors that are more than 50 percent owned by Non-profit Housing Developers or tenant associations.

 

4106.4The following individuals or entities shall be ineligible to make applications for financial assistance from the Fund and to receive such assistance:

 

(a)Any person(s) including employees, agents, consultants, officers, elected officials or appointed officials of the District of Columbia government or DHCD determined to have a conflict of interest because of their responsibilities to the Fund, consistent with the provisions of the Ethics in Government Act of 1978 (18 U.S.C. 207 (Supp. IV 1980)) and D.C. Code §1-1461 (1987 Repl. Vol.);

 

(b)Individuals, corporations, partnerships, or joint ventures officially excluded from participation in District of Columbia or federal contracting activities; and

 

(c)Individuals prohibited by act of law from participating in District of Columbia contracting activities.

 

4106.5DHCD shall in each fiscal year, announce the availability of Fund assistance and a summary of the requirements for receipt of applications for such assistance.

 

4106.6In the announcement of availability of Fund assistance, DHCD shall provide general information, in a form prescribed by DHCD, which may include, but is not limited to, the following:

 

(a)The deadline date(s) or other alternative timing requirements for submission of applications;

 

(b)The names and addresses of the Participating Lenders, if any, from whom application material and instructions may be obtained and to whom completed applications may be returned;

 

(c)Application fees, if any, required of applicants;

 

(d)A detailed description of the types of assistance available through the Fund and the types of activities eligible for assistance from the Fund; and

 

(e)Criteria that will be used to evaluate applications and make awards.

 

4106.7DHCD's announcement of availability of Fund assistance and summary of application requirements shall be published in the following:

 

(a)At least two (2) newspapers of general circulation in the District of Columbia; and

 

(b)In a newspaper(s) serving minority communities in the District of Columbia.

 

source

Final Rulemaking published at 36 DCR 8631, 8639 (December 29, 1989); as amended by Final Rulemaking published at 49 DCR 10582(November 22, 2002); as amended by Emergency Rulemaking published at 50 DCR 1605(February 14, 2003)[EXPIRED].