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Version
2021.2
01/01/2021
Virginia Housing
Low Income Housing
Tax Credit Manual
2021
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing♦LIHTC
Page i Last Modified: 12/30/2020
Trademarks
Trademarked names may appear throughout this document. Rather than list the names
and entities that own the trademark or insert a trademark symbol with each mention of
the trademarked name, the names are used for editorial purposes only and to the benefit
of the trademark owner with no intention of infringing upon that trademark.
File Information
Requirements Template Version: 1.0
Last Saved At: 12/30/2020 10:44 AM
Revision History
Date Version Who Description
01/12/2021
2021.2
Aniyah Moaney
Updated UD Guidelines to 2021
02/02/2021
2021.2
Aniyah Moaney
Updated RD High Priority List
02/02/2021
2021.2
Aniyah Moaney Updated RESNET Rater Certification form
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing♦LIHTC
Page ii Last Modified: 12/30/2020
Table of Contents
1. SCHEDULE FOR 2021 .......................................................................................................... 1
2. PROGRAM UPDATES .......................................................................................................... 2
3. GENERAL PROGRAM INFORMATION .................................................................................. 3
3.1. PROGRAM OVERVIEW ........................................................................................................................................ 3
3.2. SUBSIDY LAYERING REQUIREMENTS ................................................................................................................... 4
4. POOLS AND PERCENTAGE OF AVAILABLE CREDITS .............................................................. 6
4.1. NON-PROFIT POOL ............................................................................................................................................ 6
4.2. NEW CONSTRUCTION POOL ............................................................................................................................... 7
4.3. NORTHERN VIRGINIA/PLANNING DISTRICT 8 (INNER WASHINGTON MSA) POOL ........................................... 7
4.4. NORTHWEST/NORTH CENTRAL VIRGINIA AREA POOL ...................................................................................... 7
4.5. RICHMOND MSA POOL ..................................................................................................................................... 8
4.6. TIDEWATER MSA POOL .................................................................................................................................... 9
4.7. BALANCE OF STATE POOL .................................................................................................................................. 9
4.8. LOCAL HOUSING AUTHORITY POOL ................................................................................................................. 10
4.9. AT-LARGE POOL............................................................................................................................................... 11
4.10. ACCESSIBLE SUPPORTIVE HOUSING POOL ..................................................................................................... 11
4.11. PRE-ALLOCATED CREDITS .............................................................................................................................. 12
5. RANKING AND SCORING .................................................................................................. 13
5.1. RULES OF RANKING .......................................................................................................................................... 13
5.2. MINIMUM THRESHOLD SCORING REQUIREMENTS .......................................................................................... 13
6. MINIMUM PROGRAM REQUIREMENTS ............................................................................ 14
6.1. MINIMUM PROGRAM REQUIREMENTS ............................................................................................................ 14
6.2. COMPLIANCE MONITORING ............................................................................................................................. 16
7. LIHTC APPLICATION INFORMATION .................................................................................. 17
7.1. RESERVATION APPLICATION FOR 9% CREDITS ................................................................................................. 17
7.2. RESERVATION SPECIFICATIONS ......................................................................................................................... 17
7.3. DEVELOPER FEE CALCULATION ........................................................................................................................ 19
7.4. RESERVATION CRITERIA .................................................................................................................................... 20
7.5. RESERVATION APPLICATION MANDATORY ITEMS ............................................................................................ 21
7.6. PROJECT READINESS—POINT ITEMS ............................................................................................................... 25
7.7. HOUSING NEEDS CHARACTERISTICS—POINT ITEMS ........................................................................................ 28
7.8. DEVELOPMENT CHARACTERISTICS—POINT ITEMS........................................................................................... 30
7.9. TENANT CHARACTERISTICS—POINT ITEMS ...................................................................................................... 36
7.10. SPONSOR CHARACTERISTICS—POINT ITEMS ................................................................................................. 39
7.11. EFFICIENT USE OF RESOURCES ....................................................................................................................... 44
7.12. BONUS POINT ITEMS ..................................................................................................................................... 45
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing♦LIHTC
Page iii Last Modified: 12/30/2020
7.13. RESERVATION APPLICATION- 4% TAX-EXEMPT BONDS ................................................................................ 47
7.14. HOW TO SUBMIT RESERVATION APPLICATIONS (9% AND 4%) .................................................................... 48
8. ALLOCATION INFORMATION ............................................................................................ 49
8.1. ALLOCATION APPLICATIONS ............................................................................................................................. 49
8.2. HOW TO SUBMIT ALLOCATION APPLICATIONS................................................................................................. 49
8.3. ALLOCATION APPLICATION MANDATORY ITEMS .............................................................................................. 50
8.4. MEETING THE 10% TEST ................................................................................................................................. 51
9. APPLICATION FOR 8609 INFORMATION ............................................................................ 52
9.1. APPLICATION FOR 8609 .................................................................................................................................. 52
9.2. DEADLINE FOR 8609 APPLICATIONS................................................................................................................ 53
9.3. HOW TO SUBMIT THE 8609 APPLICATION ...................................................................................................... 53
9.4. APPLICATION FOR 8609 MANDATORY DOCUMENTS ...................................................................................... 53
9.5. APPLICATION FOR 8609 DEADLINES................................................................................................................ 54
9.6. CORRECTIONS TO 8609(S) .............................................................................................................................. 54
10. RECAPITALIZATION ........................................................................................................ 55
11. QUALIFIED CONTRACT INFORMATION ............................................................................ 56
12. PROGRAM ADMINISTRATION ........................................................................................ 57
12.1. SUMMARY OF PROGRAM FEES ...................................................................................................................... 57
12.2. HOW TO SUBMIT PAYMENTS ......................................................................................................................... 59
12.3. UPDATING PROGRAM INFORMATION ............................................................................................................ 59
12.4. CHANGE OF GENERAL PARTNER OR MANAGING MEMBER ........................................................................... 59
12.5. RELATED ENTITIES LIMIT ................................................................................................................................ 60
12.6. APPLICATIONS ARE OPEN TO THE PUBLIC ...................................................................................................... 60
12.7. AUTHORIZATION OF THE EXECUTIVE DIRECTOR ............................................................................................. 60
APPENDICES ........................................................................................................................ 61
A. MARKET STUDY GUIDELINES AND APPROVED ANALYST LIST .............................................................................. 62
B. 2021 COST LIMITS .............................................................................................................................................. 76
C. REVITALIZATION AREA INFORMATION ................................................................................................................. 78
D. SUBSIDIZED FUNDING INFORMATION .................................................................................................................. 80
E. BRICK CALCULATION ............................................................................................................................................ 82
F. BASELINE ENERGY EFFICIENCY REQUIREMENT ..................................................................................................... 84
G. GREEN CERTIFICATION OPTIONS ......................................................................................................................... 86
H.
DEVELOPER FEE AND DEFERRED DEVELOPER FEE GUIDELINES ...........................................................................90
I. ACCESSIBLE SUPPORTIVE HOUSING POOL REQUIREMENTS .................................................................................. 92
J. GENERAL CONTRACTOR COST CERTIFICATION GUIDELINES ..................................................................................94
K. CREDIT REFRESH PROCESS .................................................................................................................................101
L. INCOME AVERAGING ..........................................................................................................................................103
M. RULES OF RANKING ..........................................................................................................................................105
N. COMPLIANCE MONITORING ..............................................................................................................................107
O. PREVIOUS PARTICIPATION CERTIFICATION ........................................................................................................109
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing♦LIHTC
Page iv Last Modified: 12/30/2020
P.
SITE CONTROL DOCUMENTATION .....................................................................................................................114
Q. RESNET RATER CERTIFICATION .......................................................................................................................116
R.
ATTORNEY’S OPINION ........................................................................................................................................................119
S.
APPRAISAL GUIDELINES ......................................................................................................................................................125
T.
ZONING CERTIFICATION .....................................................................................................................................................134
U.
PLANS AND SPECIFICATIONS REQUIREMENTS ..................................................................................................................138
V.
RELOCATION PLAN GUIDELINES ........................................................................................................................................140
W.
PLAN OF DEVELOPMENT CERTIFICATION ........ ...............................................................................................................146
X.
SECTION 8 WAITING LIST PREFERENCE .............................................................................................................................150
Y.
PROJECT-BASED VOUCHER REQUIREMENTS .....................................................................................................................154
Z.
RURAL DEVELOPMENT “HIGH PRIORITY” LIST.......................................................................................................... .........156
AA.COMMUNITY ROOM GUIDELINES...................................................................................................................158
BB. MARKETING PLAN REQUIREMENTS ..................................................................................................................160
CC.
PROXIMITY TO TRANSPORTATION CERTIFICATION ........................................................................................162
DD.
UNIVERSAL DESIGN GUIDELINES....................................................................................................................165
EE. EFFICIENT USE OF RESOURCES CALCULATIONS .................................................................................................179
FF. PERMANENT SUPPORTIVE HOUSING CERTIFICATION ....................................................................................183
GG LIST OF DEVELOPMENTS (SCHEDULE A) ..........................................................................................................186
HH.HOMEOWNERSHIP PLAN INFORMATION ........................................................................................................188
II.
DEVELOPER EXPERIENCE ..................................................................................................................................190
JJ. FINAL INSPECTION PROCESS..................... ...........................................................................................................192
KK. FINAL COST CERTIFICATION. ...........................................................................................................................195
LL.
.CERTIFICATION OF SOURCES AND USES (8609)..............................................................................................198
MM.
QUALIFIED CONTRACT REQUEST PROCESS ...................................................................................................200
NN. HYBRID 9% - 4% DEAL PARAMETERS................................................................................................................209
OO. NON-PROFIT QUESTIONNAIRE .....................,....................................................................................................212
PP. 2019-2021 MINIMUM DESIGN AND CONSTRUCTION REQUIREMENTS .........................................................221
QQ. EXISTING CONDITIONS QUESTIONNAIRE .....................................................................................................242
VERSION HISTORY ............................................................................................................. 247
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021
Virginia Housing LIHTC Program Page 1 Last Modified: 12/30/2020
1. Schedule for 2021
Below is the schedule for the 2021 Low Income Housing Tax Credit cycle. These dates
are approximate and may be subject to change.
Date Description
January 7, 2021
LIHTC Workshop- Virtual
(all 9% applications)
March 18, 2021 @ 12 p.m.
Reservation application deadline (9%)
Accessible Supportive Housing (ASH) application deadline
March 25, 2021
Applications posted to Virginia Housing website
May 6, 2021
Preliminary rankings announced/begin comment period
May 13, 2021
End comment period/begin rebuttal period
May 20, 2021
End rebuttal period
June 10,
2021
Final rankings announced
June 24, 2
021
Review final rankings with Virginia Housing Board
Early to mid-July, 2021
Enforce Representations, Extended Use Agreement, Election
to Fix, Gross Rent Floor Election)
September 30, 2021 @ 12:00 p.m.
Allocation application deadline
November 18, 2021
Finalize allocations
Note: 10% tests are due 30 days prior to the 12-month deadline for meeting the
expenditure test. This is to ensure the test will be met. Please contact the Tax Credit
Allocation department if you have any concerns with meeting this deadline.
Locality Notification Information (LNI) deadline
January 28, 2021 @ 12 p.m.
March 18, 2021 @ 12 p.m.
VHDA mails Reservation documents (Agreement, Contract to
June 6, 2021
10% test deadline for Disaster Relief deals
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing LIHTC Program Page 2 Last Modified: 12/30/2020
2. Program Updates
The following program updates go into effect on January 1, 2021.
Program Updates
2.1
2.2
2.3
2.4
Following the transformation from to Virginia Housing, some of our legal documents
may still refer to VHDA in lieu of Virginia Housing.
Extended Use Agreement(s) moving forward will all have language that enables
the use of Income Averaging.
The QAP mandates that all procedures and requirements in the IRC must be
complied with and satisfied. The QAP further recites that federal law requires
Virginia Housing to monitor developments receiving credits for compliance with the
requirements of §42 of the IRC. In furtherance of that mandate,
Virginia Housing
supplements the QAP, effective January 1, 2021, to provide that Virginia Housing
will monitor compliance, as required by Section 1.42–5 of the federal Income Tax
Regulations, in accordance with final regulations published February 26, 2019, in
the Federal Register (84 FR 6076) https://www.federalregister.gov/
documents/2019/02/26/2019-03388/amendments-to-the-low-income-housing-
credit-compliance-monitoring-regulations , as amended by proposed regulations
published July 7, 2020, in the Federal Register (85 FR 40610) https://
www.govinfo.gov/content/pkg/FR-2020-07-07/pdf/2020-14555.pdf.
Please use fixed 4% rate for all tax-exempt applications.
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing LIHTC Program Page 3 Last Modified: 12/30/2020
3. General Program Information
This is a very brief, general overview of the rules applicable to the tax credit program and should not
be substituted for competent legal counsel and accounting advice. Additional information can also
be found in the appendices of this manual.
3.1. Program Overview
The Tax Reform Act of 1986 established the LIHTC to encourage private investment in affordable
housing. More specifically, the LIHTC is a dollar-for-dollar reduction in tax liability to the owner
of a qualified low-income housing development for the acquisition, rehabilitation (“rehab”), or
construction of low-income rental housing units. The amount of credits allocated is based
directly on the number of qualified low-income units that meet federal rent and income
targeting requirements.
To qualify for tax credits, a development must meet a number of conditions set forth in Section
42 of the Internal Revenue Code (IRC). In particular, the development must provide low-income
housing units that meet certain occupancy and rent requirements.
The developer of a residential rental development that qualifies for tax credits will typically
establish a general partnership or limited liability company (LLC) to own the development. The
developer usually assumes the role of Managing General Partner or Managing Member,
retaining 0.01% of the ownership. The remaining 99.99% shares are sold to investors
interested in using the tax credits to reduce their federal tax liability. The capital invested by
the investor partner accounts for all or most of the development’s equity. This reduces the
need for debt financing and thereby reduces the amount of the development’s annual debt
service. While there is no direct rental subsidy to households under this program, the
increased equity and reduced debt allows for lower rents than would otherwise be possible.
Investors can claim these tax credits annually over a ten-year term, beginning with the tax year
in which the development is placed in service or, at the owner’s election, the following tax year.
States receive tax credits based on population, so the amount of available competitive 9
%
credits in each state is limited. Most credits are allocated by the states during one or more
competitive cycles held each year. Selection priorities and procedures vary in each state and are
outlined in a Qualified Allocation Plan (“QAP”).
While the LIHTC is a federal credit, the LIHTC program is administered by state housing finance
agency in each state. In Virginia, Virginia Housing is responsible for the LIHTC program.
The tax credit program is complex, with many pitfalls awaiting those inexperienced in
the
process. You are therefore strongly encouraged to seek competent legal and accounting advice
early in the development process.
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing LIHTC Program Page 4 Last Modified: 12/30/2020
There are three types of low-income housing tax credits:
Type of Tax Credit Description
9% credit
The 9% credit is determined on a ten-year, present value
calculation of 70% of the qualified basis of the low-income
units for new construction or substantial rehab of
developments not federally subsidized or financed with tax-
exempt bonds.
4% for New Construction or
Substantial Rehab
The 4% credit is available to new construction and
substantial rehab developments that are federally subsidized
with tax-exempt bonds. This credit amount is determined by
a present value calculation on 30% of the qualified basis over
ten years.
4% for the Acquisition of
Existing Developments
The 4% credit is also available for the acquisition of existing
developments, if the development was not previously pla
ced
in service by the owner or a related party and is acquired at
least 10 years after the later of (a) the date the development
was last placed in service or (b) the date of the most recent
non-qualified substantial improvements.
For a more in-depth explanation of the tax credit program and a more detailed discussion of the
many requirements, the following resources may be helpful:
• Low-Income Housing Tax Credit Handbook, Novogradac & Company LLP
• Tax Credits for Low Income Housing Guidebook, 13th Edition (20
th
Anniversary Edition),
by Joseph Guggenheim, Simon Publications, (301) 320-5771
• Low-Income Housing Tax Credit Handbook – Market Segment Specialization Program
3.2. Subsidy Layering Requirements
Combining tax credits with certain other forms of federal assistance will necessitate certification
by HUD that the assistance will not be more than is necessary to make the development feasible.
If you expect to combine low-income housing tax credits with one of the forms of federal subsidy
listed below, please contact HUD to determine the process, requirements and timing of the
required subsidy layering review.
• Section 312 Rehabilitation Loans (24 CFR 3.V.510),
• Community Development Block Grants (24 CFR 3.V.570) -only loan guarantees under
subpart M, grants to Indian tribes under title I of the Housing and Community
Development Act of 1974 and grants under the HUD-administered Small Cities program
under subpart F.
• Loan Guarantee Recovery Fund (24 CFR 3.V.573)
• Housing Opportunities for Persons with Aids (24 CFR 3.V.574)
• Emergency Solutions Grants Program (24 CFR 3.V.576)
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing LIHTC Program Page 5 Last Modified: 12/30/2020
• Continuum of Care Program (24 CFR 3.V.578)
• Use of Federal Real Property to Assist the Homeless (24 CFR 3.V.581)
• Shelter Plus Care (24 CFR 3.V.582)
• Supportive Housing Program (24 CFR 3.V.583)
• Revitalizing Base Closure Communities and Community Assistance Community
Redevelopment and Homeless Assistance (24 CFR 3.V.586)
• John Heinz Neighborhood Development Program (24 CFR 3.V.594)
• Renewal Communities (24 CFR 3.V.599)
• HOME Funds (24 CFR Part 92)
• Housing Trust Funds (24 CFR Parts 91 and 93)
• Project-Based Rental Assistance (24 CFR part 983)
For more details on these programs, please refer to the Electronic Code of Federal Regulations.
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
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4. Pools and Percentage of Available Credits
Given the diverse housing needs in Virginia, Virginia Housing divides the available annual credit amount
into pools in which applications submitted by developers will compete. A description of each pool, as well
as its respective percentage of available credits follows.
For deals competing in the Accessible Supportive Housing (ASH), Non-Profit, New Construction, and
Local Housing Authority (LHA) pools, points related to being located in an area of increasing or
decreasing rent burdened populations will be assigned based on the geographic pool to which such
development would be assigned if it did not compete in this pool.
4.1. Non-Profit Pool
The annual credit percentage allocated to this pool is 15%. Each new construction or adaptive
re-use development that is not funded in the Non-Profit pool will compete in the New
Construction pool, if eligible. All other developments not funded in this pool will compete in
the applicable geographic pool.
To participate in the Non-Profit Pool, the non-profit entity must:
# Non-Profit Requirements for Pool
4.1.1
Be authorized to do business in Virginia
4.1.2
Be substantially based or active in the state of Virginia.
4.1.3
Materially participate in the development and operation of the development
throughout the compliance period (i.e., regular, continuous and substantial
involvement) in the operation of the development throughout the Compliance
Period
4.1.4
Own, either directly or through a partnership or limited liability company, 100% of
the general partnership or managing member interest
4.1.5
Not be affiliated with or controlled by a for-profit organization
4.1.6
Not have been formed for the principal purpose of competition in the Non-Profit
Pool
4.1.7
Not have any staff member, officer or member of the board of directors materially
participate, directly or indirectly, in the proposed development as a for-profit
entity
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing LIHTC Program Page 7 Last Modified: 12/30/2020
4.2. New Construction Pool
The annual credit percentage allocated to this pool is 15% of the following year’s annual credit
authority. Each new construction or adaptive reuse development (including unfunded
developments from the Non-profit Pool in localities listed below), that is located within one of
the jurisdictions listed below, will compete in this pool. Each development not funded in this
pool will compete in the Northern Virginia geographic pool.
New Construction Pool
Alexandria City
Loudoun County
Arlington County
Manassas City
Fairfax City
Manassas Park City
Fairfax County
Prince William County
Falls Church City
4.3. Northern Virginia/Planning District 8 (Inner Washington MSA) Pool
The annual credit percentage allocated to this pool is 18.02%. Each development which is
located within one of the jurisdictions listed below (including unfunded developments from the
Non-profit and New Construction pools in localities listed below), will compete in this pool.
Northern Virginia/Planning District 8 (Inner Washington MSA)
Alexandria City
Loudoun County
Arlington County
Manassas City
Fairfax City
Manassas Park City
Fairfax County
Prince William County
Falls Church City
4.4. Northwest/North Central Virginia Area Pool
The annual credit percentage allocated to this pool is 9.20%. Each development located within
one of the jurisdictions listed below will compete in this pool (including unfunded
developments from the Non-profit pool in localities listed below).
Northwest/North Central Virginia Area
Albemarle County
Nelson County
Augusta County
Orange County
Charlottesville City
Page County
Clarke County
Rappahannock County
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing LIHTC Program Page 8 Last Modified: 12/30/2020
Northwest/North Central Virginia Area
Culpeper County
Rockingham County
Fauquier County
Shenandoah County
Fluvanna County
Spotsylvania County
Frederick County
Stafford County
Fredericksburg City
Staunton City
Greene County
Warren County
Harrisonburg City
Waynesboro City
King George County
Winchester City
Madison County
4.5. Richmond MSA Pool
The annual credit percentage allocated to this pool is 11.63%. Each development located within
one of the jurisdictions listed below will compete in this pool (including unfunded
developments from the Non-profit pool in localities listed below).
Richmond MSA
Hopewell City
King & Queen County
Charles City County
King William County
Louisa County
New Kent County
Petersburg City
Powhatan County
Prince George County
Richmond City
Sussex County
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing LIHTC Program Page 9 Last Modified: 12/30/2020
4.6. Tidewater MSA Pool
The annual credit percentage allocated to this pool is 17%. Each development located within
one of the jurisdictions listed below will compete in this pool (including unfunded
developments from the Non-profit pool in localities listed below).
Tidewater MSA
Chesapeake City
Poquoson City
Gloucester County
Portsmouth City
Hampton City
Suffolk City
Isle of Wight County
Surry County
James City County
Virginia Beach City
Matthews County
Williamsburg City
Newport News City
York County
Norfolk City
4.7. Balance of State Pool
The annual credit percentage allocated to this pool is 14.15%. Each development (including
unfunded non-profit developments) which is not eligible to compete in any of the four geographic
pools above will compete in this pool.
Balance of State (Remaining Geographic Areas)
Accomack County
Covington City
Alleghany County
Craig County
Amherst County
Danville City
Appomattox County
Dickenson County
Bath County
Emporia City
Bedford City
Essex County
Bedford County
Floyd County
Bland County
Franklin City
Botetourt County
Franklin County
Bristol City
Galax City
Brunswick County
Giles County
Buchanan County
Grayson County
Buckingham County
Greensville County
Buena Vista City
Halifax County
Campbell County
Henry County
Carroll County
Highland County
Charlotte County
Lancaster County
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
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Balance of State (Remaining Geographic Areas)
Lee County
Radford City
Lexington City
Richmond County
Lunenburg County
Roanoke City
Lynchburg City
Roanoke County
Martinsville City
Rockbridge County
Mecklenburg County
Russell County
Middlesex County
Salem City
Montgomery County
Scott County
Northampton County
Smyth County
Northumberland County
Southampton County
Norton City
Tazewell County
Nottoway County
Washington County
Patrick County
Westmoreland County
Pittsylvania County
Wise County
Prince Edward County
Wythe County
Pulaski County
4.8. Local Housing Authority Pool
The annual credit percentage allocated to this pool is 15%. Each development sponsored by a
local housing authority (LHA) or industrial development authority (IDA), if the locality does not
have a LHA, as sole general partner or managing member (either directly or through a wholly-
owned subsidiary) or as landlord or seller of the land to the tax credit applicant, in the jurisdiction
of the LHA or IDA will compete in this pool only. Developments not funded in this pool do not
move to any other pool.
If the LHA or IDA is the landlord or seller of the land to the tax credit applicant, but (1) the LHA
or IDA is not and will not be a principal in the applicant, and (2) no more than 5 units or 10% of
the units have project-based subsidy provided by the LHA or IDA, the development will NOT
compete in this pool. “Landlord/Seller” means the grantee of the right of first refusal or purchase
option, with no ownership interest in the applicant.
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
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4.9. At-Large Pool
The At-Large Pool has been created for all applications not ranked high enough for initial
funding in the geographic pools. The At-Large Pool is separated into two tiers.
Tier 1 consists of the next eligible developments, from geographic pools, that could not be fully
funded with the remaining credits in those pools. It is these developments, in rank order, that
can be fully funded, that will receive credits in tier 1.
Tier 2 consists of all remaining developments ranking above threshold.
4.10. Accessible Supportive Housing Pool
Credits for this pool will be reserved from the following year’s allocation and will not exceed
6% of the current year’s per capita credit amount unless authorized by Virginia Housing's
Board of Commissioners. These credits are available for non-elderly developments.
The minimum requirements to qualify for credits in this Pool are as follows:
# Minimum Requirements for ASH Pool
4.10.1
At least 15% of the units will serve people with disabilities.
4.10.2
At least 15% of the units will conform to HUD regulations interpreting the fully,
permanently accessible unit requirements of Section 504 of the Rehabilitation Act
as referenced in the requirements set forth in the Uniform Federal Accessibility
Standards “UFAS”.
4.10.3
The development will provide rent subsidies in order to ensure occupancy by
extremely low-income persons for 15% of the units. Subsidies may apply to any
units, not only those built to satisfy Section 504. For purposes of this Pool,
“extremely low income” mean households with gross incomes no greater than 40%
of the AMGI paying no more than rent calculated at the 40% level.
4.10.4
The units will be actively marketed and rented to households including at least one
person with a disability in accordance with a plan submitted as part of the
Application for credits and approved by the Executive Director. The developer must also
submit the fully executed Virginia Housing Permanent Supportive Housing certification.
4.10.5
The developer must have a demonstrated capacity to develop supportive housing
as evidenced by one of the three available CORES certifications or other
certification as approved by the Authority.
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing LIHTC Program Page 12 Last Modified: 12/30/2020
4.11. Pre-Allocated Credits
Credits pre-allocated to developments will not change Total Credit Authority in the geographic
pools in which the developments are located. Deals competing in the New Construction Pool
but funded in a different geographic pool or At-Large pool are not guaranteed a future
allocation of credits.
The dollar amount of credits reflected for each of the geographic, Non-Profit and LHA pools
includes a pro rata portion of the following year’s credits, not to exceed 40% of the current
year’s per capita credit amount unless authorized by Virginia Housing's Board of
Commissioners. Developments that will receive a pre-allocation of the following year’s credits
will be determined when the allocations are issued in December.
All determinations for deals receiving a pre-allocation of credits are at the discretion of the
Executive Director.
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5. Ranking and Scoring
The QAP contains the “official” scoring criteria and maximum points per development, by which all
Applications will be reviewed. Applicants are encouraged to read the QAP, as well as this manual,
carefully.
Applications are ranked according to their scores in the pools within which they compete.
Reservations will be made to developments in accordance with Virginia Housing's ranking criteria,
so long as credits are available within the given pools. Developments seeking more credits than
are available within the given pool will have their credit request reduced to what is available.
5.1. Rules of Ranking
For 9% credits, applicants select the pool in which they wish to compete and then they are
ranked according to their scores. Scores may reflect adjustments based on the pools where
they compete. Deals that select the ASH pool but do not meet the minimum requirements or
exceed the credit amount available, will compete in their applicable competitive pool.
Applications for 4% credits are not ranked.
5.2. Minimum Threshold Scoring Requirements
In order to qualify for a reservation of tax credits, applications must meet the following
minimum threshold scoring requirements.
Type of Tax Credit Minimum Threshold Scoring Requirement
9% Credit
Applications for 9% credits, including Accessible Supportive
Housing applications must score a minimum of 425 points.
4% Credit
Applications for 4% credits (with tax-exempt bonds) must score a
minimum of 325 points.
Hybrid 9% / 4% Credit
Must meet the respective scores for each deal.
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6. Minimum Program Requirements
To qualify for tax credits, a development must meet conditions set forth in Section 42 of the
Internal Revenue Code (IRC).
6.1. Minimum Program Requirements
The following are minimum requirements of the Low Income Housing Tax Credit program.
Failure to comply with any of the following minimum requirements may result in a recapture of
credits.
# Minimum Requirement
6.1.1
A minimum of 20% of the units must be occupied by households with incomes at
or below 50% of the area median gross income (AMGI), as adjusted for family size;
OR, a minimum of 40% of the units must be occupied by households, with incomes
at or below 60% of the AMGI, adjusted for family size; OR, under the Average
Income Test, forty percent (40%) or more (25% or more in the case of a project
described in Section 142(d)(6)) of the residential units in the project must be both
rent restricted and occupied by individuals whose income does not exceed the
imputed income limitation designated by the taxpayer with respect to the
respective unit. The average of the imputed income limitations designated must
not be more than 60% of the area median gross income. The designated imputed
income limitation of a unit can only be 20%, 30%, 40%, 50%, 60%, 70%, or 80% of
the area median gross income and must be as designated with Virginia Housing in
writing. The development must comply with these income restrictions within 12
months of the placed-in-service date (slight variations apply when a development
has more than one building). This is commonly referred to as the “20-50”,
“40-60”, or “Average Income” test.
6.1.2
Owner may not require an annual minimum income requirement that exceeds the
greater of $3,600 or 2.5 times the portion of rent to be paid by tenants receiving
rental assistance.
6.1.3
The gross rent charged for a low-income unit may not exceed 30% of the imputed
income limit applicable to such unit size.
6.1.4
If the household pays any utilities (excluding telephone, cable television or
internet), an appropriate utility allowance must be subtracted from the gross rent
limit to determine the maximum net rent chargeable. These amounts must be
confirmed by calculating maximum rents individually.
6.1.5
Developments must comply with LIHTC program requirements for a minimum of
30 years, beginning with the taxable year in which the development is placed in
service or, at the election of the taxpayer, the succeeding taxable year.
6.1.6
Developments must comply with Virginia Housing's Minimum Design and
Construction
Guidelines.
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# Minimum Requirement
6.1.7
In Virginia, rehab developments must incur a minimum of $15,000 of contractor
construction rehab expenditures, on average, per unit in order to qualify for
credits.
6.1.8
In Virginia, developments financed with tax-exempt bonds must incur a minimum
of $10,000 of contractor construction rehab expenditures, on average, per unit in
order to qualify for 4% credits.
6.1.9
The Management company that will be us
ed for the development must be a
Virginia Housing Certified Property Manager by time of 8609 issuance.
6.1.10
Unless prohibited by an applicable federal subsidy program, each applicant shall
commit in the application to provide a leasing preference to individuals (i) in a
target population identified in a memorandum of understanding between the
Authority and one or more participating agencies of the Commonwealth, (ii) having
a voucher or other binding commitment for rental assistance from the
Commonwealth, and (iii) referr
ed to the development by a referring agent
approved by the Authority. The leasing preference shall not be applied to more
than ten percent (10%) of the units in th
e development at any given time. The
applicant may not impose tenant selection criteria or l
easing terms with respect to
individuals receiving this preference that are more restrictive than the applicant’s
tenant selection criteria or leasing terms applicable to prospective tenants in the
development that do not receive this preference, the eligi
bility criteria for the
rental assistance from the Commonwealth, or any eligibility criteria contained in a
memorandum of understanding between the Authority and one or more
participating agencies of the Commonwealth.
6.1.11
Applicants receiving credits must waive their right to pursue a Qualified Contract
(QC).
Any principals participating in a deal that is
currently pursuing a QC in Virginia
are not eligible for an allocation of credits (9% or 4%).
Any principals participating
in a deal that
is currently pursuing a planned foreclosure in Virginia are not eligible
for an allocation of credits (9% or 4%).
6.1.12
All developments must meet a baseline energy performance requirement:
• New Construction – Energy Star Certification
• Rehab - 30% performance increase o
ver existing based on HERS Index or
evidence of a HERS index of 80 or better
• Adaptive reuse – Must evidence a HERS index of 95 or better
All requirements must be verified by a third party, independent, non-affiliated
certified RESNET rater; rater must be certified by a provider found on the Virginia
Housing Certified Provider list. All Raters must submit to the owner, to be included
in the application, a signed Virginia Housing RESNET R
ater form and a HERS report
from an energy rating software program listed on the National Registry of Ac
credited
Rating Software Programs. All raters certifying a property for Virginia LIHTC must be
authorized to conduct business in Virginia and have completed 500+ ratings. See
Appendix for additional information on this requirement.
Note: The HERS report should be completed for the whole development and not an
individual unit. The HERS report should show both baseline HERS and expected
target score at Reservation, not just 8609.
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6.2. Compliance Monitoring
The Omnibus Budget Reconciliation Act of 1990 amended the IRC to require that state tax
credit allocating agencies provide a procedure for monitoring developments for non-
compliance
with the requirements of the Program under IRC §42(m)(1)(B) and for
notifying the Internal Revenue Service of such non-compliance. To offset the costs of
compliance monitoring, Virginia Housing charges a reasonable monitoring fee, as
allowed by the IRC. Virginia Housing is required by the IRC to monitor developments
for compliance with the program requirements and report all non-compliance to the IRS
using Form 8823. The Appendix includes additional information regarding ongoing
compliance monitoring.
The QAP mandat
es that all procedures and requirements in the IRC must be complied with and
satisfi
ed. The QAP further recites that federal law requires Virginia Housing to monitor
developments receiving credits for compliance with the requirements of §42 of the IRC. In
furtherance of that mandate, Virginia Housing supplements the QAP, effective January 1, 2021,
to provide that Virginia Housing will monitor compliance, as required by Section 1.42–5 of the
federal Income Tax Regulations, in accordance with final regulations published February 26,
2019, in the Federal Register (84 FR 6076) https://www.federalregister.gov/
documents/2019/02/26/2019-03388/amendments-to-the-low-income-housing-credit-
compliance-monitoring-regulations , as amended by proposed regulations published July 7,
2020, in the Federal Register (85 FR 40610) https://www.govinfo.gov/content/pkg/
FR-2020-07-07/pdf/2020-14555.pdf.
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7. LIHTC Application Information
The following sections provide guidance and additional information needed to complete and
submit an application for tax credits.
7.1. Reservation Application for 9% Credits
The application can be found on our website, Virginia Housing.com/LIHTC Program. The Tax Credit Application
was
prepared using Microsoft Office 2016.
NOTE: If the development is a mixed construction development, a mixed construction application
must be requested from Virginia Housing and completed by the established deadline.
7.2. Reservation Specifications
The following specifications must be incorporated into an application for Low Income Housing
Tax Credits. Documentation must be submitted with the application to support any variations
from these specifications.
# Specification
Description
7.2.1
Bathroom Count
All new construction 2-bedroom units must have 1.5
bathrooms and all new construction units with 3 or more
bedrooms must have at least 2 full bathrooms.
7.2.2
Revenue
Within the Unit Mix grid, add a line item for each different
unit floor plan configuration and rent target for this
development. Rents should not include utility allowance.
7.2.3
Vacancy
Use either 7% of gross potential income or market vacancy.
Documentation must be submitted to support market
vacancy if less than 7%.
7.2.4
Operating Expenses
Per Unit Operating Expenses must be at least $4,500 per
unit excluding replacement reserves and assuming the
tenant is paying own utilities. The pro forma operating
expenses increase is greater than or equal to 3% for
purposes of calculating Projections for Financial Feasibility.
7.2.5
Replacement Reserves
Minimum replacement reserves should equal $250 per unit
for new construction and elderly developments and $300
per unit for all other developments.
7.2.6
Pro forma Rent Increases
The pro forma rent increase is less than or equal to 2% per
year for purposes of calculating Projections for Financial
Feasibility.
7.2.7
Debt Coverage Ratio
A minimum of 1.15 in year one is preferred.
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# Specification
Description
7.2.8
Cost Limits
Total development costs per square foot will be compared
to the applicable cost limits for the allocation year.
7.2.9
Contractor Cost
Applications relating to rehab of existing residential units
must propose hard construction costs of at least $10,000 per
unit (if financed with tax-exempt bonds) or $15,000 per unit
(for all other developments).
7.2.10
Builder’s Overhead,
Profit and General
Requirements
In total, these must not exceed 14% of the construction cost
excluding bonds and building permits.
7.2.11
Operating Reserve
Use a minimum of 6 months of operating expenses and debt
service.
7.2.12
Tax Credit Equity Factor
This generally does not include syndication, legal,
accounting, overhead, sales commissions and/or required
reserves. The Applicant will determine the amount
appropriate for the development.
7.2.13
Deferred Developer Fee
Loan
If deferring more than 50% of the developer fee, the
application must include the proposed deferred developer
fee loan amount evidencing that the property can support
the repayment within 15 years in the cash flow analysis on a
form provided by developer.
Note: Documentation must be provided clearly showing
the deferred developer fee is bona fide debt; this may
include a Note
or other documentation as approved by the
Authority and will be accepted up to 8609 issuance.
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7.3. Developer Fee Calculation
The maximum developer’s fee will be the lesser of the following calculations:
#
Description
7.3.1
Acquisition: Less than or equal to 10% of the building’s acquisition cost,
excluding the developer’s fee. No developer’s fee will be allowed on the
acquisition basis in cases where there is an identity of interest between the
purchaser and seller. In addition, the building acquisition portion of the
developer fee for all Rural Development developments will not exceed 8%,
PLUS
Rehab: Less than or equal to 25% of the building’s eligible basis arising from
the rehab, excluding the developer’s fee, OR
New Construction: Less than or equal to 20% of the building’s eligible basis,
excluding the developer’s fee.
7.3.2
Less than or equal to 15% of the total development costs
7.3.3
For developers with a related entity contractor, the maximum developer’s fee shall
not exceed the total development costs, less the contractor’s overhead, profit and
any incentive payments.
7.3.4
For developers with a related architectural entity, the maximum developer’s fee
shall not exceed the total development costs, less the architectural and
engineering fees.
7.3.5
For developers with both a related architectural entity and a related contractor
entity,
the maximum developer’s fee shall not exceed the total development costs,
less the total development costs exclusive of the developer fee, less the
contractor’s overhead, profit, any incentive payments and all architectural and
engineering fees.
7.3.6
A cumulating declining scale, as follows:
•15% if less than $1 million total development costs, plus
•12% if between $1 million and $10 million total development costs, plus 8% if
greater than $10 million total development costs
Notwithstanding the existing calculation of developer’s fee, (i) no more than $3 mm of developer’s
fee may be included in the development’s eligible basis, (ii) no developer’s fee may exceed $5 mm,
and (iii) no developer’s fee may exceed 15% of the development’s total development cost. See
Appendix for additional information regarding developer fee calculations and requirements.
NOTE: A draft form of the developer fee agreement must be submitted with the
Reservation application.
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7.4. Reservation Criteria
The following summary is an attempt to provide a more complete explanation of Application
criteria, answer frequently asked questions, supply expanded details related to Virginia
Housing's intent in requesting documentation, as well as to detail the methods of calculation.
This summary should not be considered a replacement for, but rather a supplement to the QAP,
which in the case of discrepancies will be the overriding document.
#
Description
7.4.1
Increase to Eligible Basis is allowed under the following circumstances:
7.4.1.a
The development is located in a HUD-designated qualified census tract (QCT) or
difficult to develop area (DDA). (30% increase available to both 9% and 4% deals)
7.4.1.b
The development includes Permanent Supportive Housing (PSH). PSH is housing
consisting of units designated for individuals or families that are homeless, at-risk
of homelessness or who have multiple barriers to independent living. (30%
increase only available to 9% deals)
7.4.1.c
If revitalization points are awarded. (30% increase only available to 9% deals)
7.4.1.d
If the development obtains an additional green certification over the baseline
requirement. (10% increase only available to 9% deals)
Basis boosts may be subject to removal at 8609 if feasibility determines they are not needed.
NOTE: The maximum increase in eligible basis any development can receive is 30%. Tax Exempt
Bond credit deals will only qualify for a 30% increase in basis if the development is located in a
HUD designated QCT or DDA.
#
Criteria
Description
7.4.2
Determining Total # of
Rental Units in
Development
Exclude units from rental unit count that will not be rented to
qualified households (e.g. manager’s unit or a unit to be
used
continuously as a model).
7.4.3
Minimum Design and
Construction
Requirements
Note: Each deal
receiving a reservation
will be subject to a pre-
construction meeting
where these will be
reviewed with the
development team.
VH's Minimum Design & Construction Requirements
(MDCR) are mandatory minimum design criteria for any
development receiving tax credits and/or VH financing.
Whether financing with VH or not, construction will be monitored
periodically to ensure requirements are being met.
In the event the plans and specifications and/or work write-up do
not include Virginia Housing Minimum Design and Construction
Requirements, then those requirements must still must be met,
even though the application is accepted for credits. Not doing so
may cause the Application to be ineligible for credits.
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#
Criteria
Description
7.4.4
Set-Aside Elections
The selections made in this category are used to determine
the lower rent bonus points.
7.4.5
Operating Budget
Revenue should be projected for the date the buildings are
anticipated to be placed in service and using rents not
greater than the current maximums. Use HAP rents where
applicable.
7.5. Reservation Application Mandatory Items
The following are mandatory documents that must be submitted with the application.
Mandatory items that are not submitted with the application or that need to be corrected will
be assessed a penalty. If the mandatory items are not submitted or corrected within the
timeframe specified in the penalty notification the application will be disqualified. Please refer
to the Submission Checklist for correct tab placement.
#
Mandatory
Document
Description
7.5.1
Electronic Copy of
Application and
Attachments
(Procorem)
Use Virginia Housing tab dividers to separate attachments.
7.5.2
$1,000 Application
Fee
Must be paid via check, ACH, or wire to
VH prior to
the
application deadline. The process for submitting payments
is
in Section 12.2.
7.5.3
Partnership or
Operating
Agreement
Note: Must include
an organization
chart.
In addition to the Agreement itself, attach an organization
chart for the limited partnership (LP) or LLC depicting the
ownership structure, identifying each principal (i.e.
individuals’ names rather than entities) and percentage of
interest. For a housing authority or non-profit principal, the
Executive Director should be the named individual.
7.5.4
Virginia State
Corporation
Commission
Certification (SCC)
Submit a Certification from the Virginia SCC reflecting the
ownership entity is admitted to record in Virginia and is
authorized to transact business in Virginia.
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#
Mandatory
Document
Description
7.5.5
Principal's Previous
Participation
Certification (PPC)
Information
provided in the PPC form and representations
mad
e in the ownership section of the Application will be
used to enforce the limit on the amount of credits that are
reserved for a single sponsor.
No more than 15% of the per
capita credit amount may be reserved to any party or related
parties, either directly or indirectly, in any credit year.
7.5.6
Site Control
Documentation
Site control must be in the name of the tax credit ownership
entity identified in the Application and documented to
remain in place for a minimum of four (4) months beyond
the Reservation Application Deadline (9% competitive
credits only). The site control document must reference all
parcels in the development and should not allow further
marketing of the property by the seller.
If the purchase price
is determined by the assumption of a loan, provide
documentation to support the outstanding loan amount. All
applications must include a copy of the most current real
estate tax assessment.
7.5.7
Third-Party RESNET
Rater Certification
7.5.8 Attorney's Opinion
(Virginia Housing
form)
Any changes to the Opinion form other than filling in blanks
or making the appropriate selections in bracketed language
must be submitted and approved prior to application
submission. Altered Opinions submitted without prior
approval are subject to a penalty. The date in the first
paragraph of the Attorney’s Opinion Letter must correspond
to the date of the Application or later. Include a copy of the
approved black-lined version and approval e-mail, in
addition to the executed form.
All requirements must be verified by a third party, independent,
non-affiliated certified RESNET rater; rater must be certified by a
provider found on the Virginia Housing Certified Provider list. All
Raters must submit to the owner, to be included in the
application, a signed Virginia Housing RESNET Rater form and a
HERS report from an energy rating software program listed on
the National Registry of Accredited Rating Software Programs. All
raters certifying a property for Virginia LIHTC must be authorized
to conduct business in Virginia and have completed 500+ ratings.
See Appendix for additional information on this requirement.
Note: A 200 unit building
would receive credit as a
200 rating. A multifamily
development would re
ceive
one rating per unit.
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#
Mandatory
Document
Description
7.5.9
Non-Profit
Questionnaire
(if
Applicant/Developer
or recipient of ROFR
is a Non-Profit
Organization)
If applicant is eligible to compete in the Non-Profit Pool
and/or receive points for non-profit involvement, applicant
must submit the completed questionnaire and consulting
agreements, if applicable.
7.5.10
Appraisal
Appraisals are not required for New Construction or
Acquisition Rehab/Adaptive Reuse where acquisition credits
are not being requested (however, it may be requested at
Virginia Housing's discretion).
7.5.11 Locality Notification
Information form
(online submission)
Applicant must complete Virginia Housing's online LNI form.
Note: Slight discrepancies between the LNI and the
application will not result in penalties.
(LNI TUTORIAL)
7.5.12
Market Study
Virginia Housing Market Study Guidelines are included in the
appendix.
Market study information in application must match
information included in the final market study.
7.5.13
Zoning Certification
The appropriate locality official or professional civil engineer
registe
red in Virginia must certify proper zoning, without
substantive modification and no earlier than three months
before the Application Deadline. If the proposed site
overlaps the boundary between multiple
political jurisdictions, Virginia Housing will accept (1) a
Certification form from each loca
lity or (2) a letter from
one
lo
cality
spe
cifying
tha
t the
other l
ocality has
jurisdiction.
Approved market analysts are required to be a member of
the National Council of Housing Market Analysts (NCHMA).
See Criteria for approved market analyst listing. The
application may be subject to penalty if (1) the market
study is not provided with the application and/or; (2) if the
market study does not meet current market study
guidelines.
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#
Mandatory
Document
Description
7.5.14
Plans and
Specifications
Virginia Housing must receive copies of Plans and Specs via
VHDA
Procorem site. A Unit-by-Unit write-up is required for all
rehab deals at the time of reservation application.
In the event the plans and specifications do not include
Virginia Housing Minimum Design and Construction
Requirements,
then those requirements still must be met, if
the Application
is accepted for credits. However, leaving out these
requirements may also cause the Application to be ineligible
for credits or have penalty points assessed for resubmittals.
The Authority reserves the right to require a complete A & E
review prior to awarding credits in the event that it is
deemed necessary.
7.5.15
Environmental Site
Assessment (Phase I)
Each 4% tax credit application must include an
environmental site assessment (Phase I). Additional
reports/documentation may be requested, if applicable.
7.5.16
Relocation
Assistance Plan
A Relocation Assistance Plan is required any time residents
will be displaced as well as rehabs in place.
Owners are required to submit a Relocation Plan to Virginia
Housing's
Tax Credit Allocation Department with the Reservation
Application, if applicable.
7.5.17
Physical Needs
Assessment
A Physical Needs Assessment must be submitted with the
reservation application for all 4% deals.
7.5.18
Existing Conditions
Questionnaire
An Existing Conditions Questionnaire must be submitted
with the reservation application for all 9% and 4% deals.
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7.6. Project Readiness—Point Items
The following is meant to provide a better understanding of the Project Readiness point items
that may be selected in the application. Refer to the Submission Checklist for correct tab
placement.
Project Readiness
# Point Category Points Explanation
7.6.1
Locality CEO Letter
0 or -25
Receiving a letter in support or a ‘no
comment’ from the locality will qualify
the application for 0 points.
VH will consider an opposition letter
if it is accompanied by a legal opinion
from the locality’s attorney, opining
that the locality’s opposition to the
proposed development does not have a
discriminatory intent or effect that is in
violation of the Fair Housing Act and the
HUD implementing regulations, as
described in 24 CFR §100.500(a) and 24
CFR §100.500(b).
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Project Readiness
# Point Category Points Explanation
7.6.2
Plan of Development
NOTE: Applicants that are
receiving 50 points under the
“Developer Experience” section
below are not eligible for Plan
of Development points.
0 or 40
Submit with the Reservation Application,
Virginia Housing's Plan of Development
Certification form, executed by the local
official authorized
to sign off on the Plan
of Development, that certifies that the
locality has an approved final plan of
development or site plan for the site (for
which credits are being requested) and
no further plan of development or site
plan approval is required before
issuance of a building permit or that the
proposed development is an existing
development with proposed renovations
and no additional plan of development
approval is needed.
If the proposed site overlaps the
boundary between two political
jurisdictions, provide a Plan of
Development Certification form from
both localities or a letter from one
locality specifying that the other would
have jurisdiction.
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Project Readiness
# Point Category Points Explanation
7.6.3
Location In A Revitalization
Area
0, 10,
or 15
Any proposed development that is to be
located in a revitalization area meeting
the requirements of Virginia Code 36-
55.30:2 or within a state designated
Opportunity Zone with a binding
commitment from an Opportunity Zone
fund/investor.
• 10 points for census tracts
deemed eligible without a
resolution;
• 15 points for developments
located within an established
revitalization area or Housing
Rehabilitation Zone as evidenced
through a local
ordinance/resolution;
• or, 15 points within a state
designated Opportunity Zone
with a binding commitment (see
Appendix).
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7.7. Housing Needs Characteristics—Point Items
The following is meant to provide a better understanding of the Housing Needs Characteristics
point items that may be selected in the application. Refer to the Submission Checklist for
correct tab placement.
Housing Needs Characteristics
# Point Category Points Explanation
7.7.1
Sec 8 or PHA Waiting List
Preference
Up to 5
Points will be awarded to a
development whereby less than 100%
of the units are subject to Section 8
project-based assistance and where
leasing preference is given to
households on the local public housing
or Section 8 waiting lists (maintained
by the locality or the nearest Section 8
administrator for the locality in which
the proposed development is to be
located). Points are pro-rated for a
development wherein fewer than 100%
of its units have project-based
assistance.
7.7.2
Existing RD, HUD Section 8 or
236 Program
NOTE: May apply to new
construction if an existing RD or
HUD contract is being
bifurcated.
0 or 20
The development must be subject to
Rural Development or HUD Section 8 or
236 programs at the time of
Application, including program
participation. However, if the Applicant
is the current owner or has any
common interests with the current
owner, either directly or indirectly,
points will only be awarded if the
Applicant waives all rights to any
developer’s fee associated with the
acquisition of the development. The
preceding condition may be waived by
Virginia Housing for good cause. Waiver
must be granted prior to Application
submission.
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Housing Needs Characteristics
# Point Category Points Explanation
7.7.3
Subsidized Funding
Commitments
Up to 40
The subsidized funding point category
has been broadened to include a wider
range of funding sources
and also
provides that the receipt of such funding
will be confirmed prior to the Authority’s
issuance of IRS form 8609 at completion
of the development.
7.7.4
Tax Abatement
0 or 5
The development must qualify for a
deferral on a portion of real estate tax
increases (a real estate tax abatement)
as authorized by the Code of Virginia,
§
58.1-3219. Local or state subsidy is not
eligible for these points.
7.7.5
New Project-Based Rental
Subsidy
(HUD or RD)
0 or 10
New project-based subsidy must be
awarded from HUD, Rural
Development or statewide rental
assistance for the greater of 5 units or
10% of the total units of the proposed
property.
7.7.6
High Opportunity Census Tract
0, 20,
25, or 30
If the census tract where the
development is located has:
•less than 12% poverty - 20 points will
be awarded
•less than 10% poverty - 25 points will
be awarded
• less than 3% poverty - 30 points will
be awarded
7.7.7
Rural Development – “High
Priority”
0 or 15
The development must be listed on
USDA RD’s High Priority List at the time
that the Reservation Application is
submitted to Virginia Housing.
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Housing Needs Characteristics
# Point Category Points Explanation
7.7.8
Areas with Little or No Increase
In Rent Burdened Population
Note: Any waiver request for
these negative points must be
submitted prior to the
Reservation application.
Up to -20
Any proposed new construction
development (including adaptive re-
use and rehabilitation that creates
additional rental space) that is located
in an area identified by VH as an
area with little or no increase in rent-
burdened population will be assessed
up to negative 20 points, depending
upon the portion of the development
that is additional rental space. This
penalty applies to all Pools, except the
At-Large Pool. Applications receive 0
points for this category in the At-Large
Pool.
7.7.9
Areas with An Increasing Rent
Burdened Population
Up to 20
Any proposed new construction
development (including adaptive re-
use and rehabilitation that creates
additional rental space) and that is
located in an area identified by VH
as an area with an increasing rent
burdened population will be eligible for
these points.
Applications receive 0 points for this
point category in the At-Large Pool.
7.8. Development Characteristics—Point Items
The following is meant to provide a better understanding of the Development Characteristics
point items that may be selected in the application. Refer to the Submission Checklist for
correct tab placement. Point items are listed in the order that they are presented in the
application Scoresheet.
Development Characteristics
# Point Category Points Explanation
7.8.1
Amenities
7.8.1.a.
Community/
Meeting Room
0 or 5
The development has a community
room with a minimum of 749 sq. ft.
and complies with use guidelines.
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Development Characteristics
# Point Category Points Explanation
7.8.1.b.
Brick Walls or other
similar low-
maintenance
material
Up to 25
Exterior walls are constructed using
brick or other similar low-
maintenance
material approved by the Authority
covering 25% or greater, up to and
including 85% of the exterior walls of
the development.
7.8.1.c.
Sub-metered Water
Expense
0 or 5
Every unit in the development will be
sub-metered with equipment
capturing/measuring 100% of the
water used in the unit (not just hot
water usage) and households must
pay
the water provider directly to be
eligible for these points. The water
provider may be a third party utility
collections company. If the locality
does not allow water sub-metering OR
if the household will not be paying the
water provider directly, the Applicant
does not qualify for these points.
7.8.1.d.
WaterSense Toilets,
Faucets &
Showerheads
0 or 3
Every unit in the development will
have bathroom(s) containing only
WaterSense labeled toilets, faucets
and showerheads. Points only apply if
additional green certifications are not
obtained.
7.8.1.e.
High Speed
Internet/Broadband
0 or 1
Each unit will be provided with the
necessary infrastructure for high-speed
or broadband internet service.
7.8.1.f.
Bath Fans
0 or 3
Each full bathroom will include:
• A bath fan wired to primary
light with delayed timer; OR
•
A bath fan with humidistat.
7.8.1.g.
USB Ports
0 or 1
In all units, minimum one USB charging
port, will be provided in Kitchen, Living
room and all bedrooms.
7.8.1.h.
LED Kitchen Lighting
0 or 2
All Kitchen light fixtures are LED and
will meet the MDCR lighting guidelines.
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Development Characteristics
# Point Category Points Explanation
7.8.1.i.
Solid Core Doors
0 or 3
All interior doors within apartment will
be solid core. Solid wood doors will
meet this requirement.
7.8.1.j.
Free individual Wi-Fi
0 or 8
Wi-Fi internet service will be provided for
all units. Must provide a resident internet
education information, draft resident
acknowledgment form, and internet
security plan at time of application.
Resident education and form must be
included in all resident files.
7.8.1.k.
Broadband/high-
speed internet service
will be provided for all
units
0 or 6
Must provide a resident internet
education information, draft resident
acknowledgment form, and internet
security plan at time of application.
Resident education and form must be
included in all resident files.
7.8.1.l.
Free community room
Wi-Fi restricted to
development
residents
0 or 4
Service is required to have a rotating
password and only accessible to residents.
Application must include resident internet
education information, draft resident
acknowledgment form and internet
security plan at time of application.
Resident education information and draft
resident acknowledgment form must be
included in all resident files.
7.8.1.m.
Balconies- New
Construction only
0 or 4
Each unit will have balcony or patio
with a minimum depth 5’ clear from the
face of building. Minimum 30 square
feet clear area. All balconies are to
follow applicable accessibility
standards.
7.8.1.n.
Outside unit entry
ledge
0 or 2
Shelf or ledge outside each unit entry
door located in an interior hallway.
Must have capacity to hold 50 pounds
or more. Size and design must allow
for temporary storage of items, must
include hooks and do not obstruct
accessible route. Unit entry ledges
must
be at 48” maximum above finished
floor.
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Development Characteristics
# Point Category Points Explanation
7.8.1.o.
Dehumidification
0, 2 or 5
Rehab only- Each apartment has
dedicated space, drain and electrical
hookups to accept a permanently
installed dehumidification system, OR
All development types- Each Unit is
equipped with a permanent
dehumidification system
7.8.1.p.
Fire Prevention or
Suppression
0,2, or 4
All cooking surfaces will be equipped
with fire prevention or suppression
features for the duration of the
compliance period that meet Virginia
Housing's requirements below:
• All units will have ranges to be
certified to UL858 standards or
features limiting the high end
temperature of the stovetop
below the auto-ignition point of
most cooking oils (4 Pts); OR
• All unit kitchens to include over
the range fire suppression
features such as canisters, etc.
(2 Pts)
7.8.1.q.
ELDERLY ONLY:
Front-Control
Ranges
0 or 1
Every unit in the development will
have a cooking range with front
controls
7.8.1.r.
ELDERLY ONLY:
Independent/
Supplemental Heat
Source
0 or 1
All full bathrooms in the development
will have an independent or
supplemental heat source, in addition
to the unit’s standard HVAC system.
7.8.1.s.
ELDERLY ONLY:
Two Eye Viewers
0 or 1
Every unit in the development will
have an entrance door with two eye
viewers, one at 42" and the other at
standard height.
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Development Characteristics
# Point Category Points Explanation
7.8.2
Federal Project-Based Rental
Subsidy and Units for Persons
with Disabilities – Unit
Accessibility
Note: Must include a Marketing
Plan that meets VH's
marketing requirements.
0 or 60
The greater of 5 units or 10% of the
units will be assisted by HUD project-
based vouchers.
Units must also conform to HUD
regulations interpreting the
accessibility requirements of section
504 of the Rehabilitation Act for 5 or
10% of the units and be actively
marketed to persons with disabilities as
defined in the Fair Housing Act. Must
include roll-in showers with permanent
grab-bars and fixed seats. See
Appendix G.2 for marketing
requirements.
7.8.3
HUD 504 Accessibility –
5 or 10% of Units
Note:
Must include a Marketing
Plan that meets VH 's
marketing requirements.
0 or 30
The greater of 5 units or 10% of the
units (i) will have rents within HUD’s
Housing Choice Voucher (“HCV”)
payment standard; (ii)
conform to HUD
regulations interpreting the
accessibility requirements of section
504 of the Rehabilitation Act for 5 or
10% of the units and be actively
marketed to persons with disabilities as
defined in the Fair Housing Act. See
Appendix G.2 for marketing
requirements.
7.8.4
HUD 504 Accessibility –
5% of Units
Note: Must include a Marketing
Plan that meets VH's
0 or 15
Five percent (5%) of the units will
conform to HUD regulations
interpreting the accessibility
requirements of section 504 of the
Rehabilitation Act for 5 or 10% of the
units and be actively marketed to
persons with disabilities as defined in
the Fair Housing Act. See Appendix G.2
for marketing requirements.
marketing requirements.
All Accessible features must
be permanent.
All Accessible features must
be permanent.
All Accessible features must
be permanent.
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Development Characteristics
# Point Category Points Explanation
7.8.5
Proximity to Public
Transportation
0, 10 or
20
The development must be located
within ½ mile of an existing commuter
rail, light rail or subway station or ¼
mile of an existing public bus stop
to be
eligible for these points. (10 points)
If the development meets the above
qualifications and is competing within
the New Construction, Northern
Virginia/Planning District 8, or
Tidewater MSA pools, it will receive 20
points. No points will be assessed for
deals in the LHA pool. Note: On-call
transportation for elderly
developments will qualify for points.
7.8.6
Green Certifications
0 or 10
Green Certification options:
• EarthCraft Gold
• LEED
• NGBS Silver or higher
• Enterprise Green Communities
• Zero Energy Ready Home (future
points)
• • Passive House (future points
7.8.7
Units Constructed to Meet
Virginia Housing's Universal
Design Guidelines
Up to 15
Points will be awarded on a prorated %
basis for the number of units meeting
this criterion in a General
development.
Mandatory: Elderly Developments
must have 100% of the units meet this
c
riterion in order to qualify for the
points.
It is mandatory that the Architect of
Record attend Virginia Housing
Universal Design training. Training
must have occurred within the last 5
years or later. The Architect of Record
must be listed on Virginia Housing's
most current Universal Design
Certificate Holders’ listing and must
sign the Virginia Housing Architect’s
Certification.
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Development Characteristics
# Point Category Points Explanation
7.8.8
Historic Rehab
0 or 5
The Structure must be listed
individually in the National Register of
Historic Places or be located in a
registered historic district and certified
by the Secretary of the Interior as being
of historical significance to the district
and the rehab must be completed in
such a manner as to be eligible for
historic rehab tax credits.
Evidence that
the Part I has been approved by the
Department of Historic Resources
must
be submitted with the application.
7.9. Tenant Characteristics—Point Items
The following is meant to provide a better understanding of the Tenant Population
Characteristics point items that may be selected in the application. Refer to the Submission
Checklist for correct tab placement.
Tenant Population Characteristics
# Point Category Points Explanation
7.9.1
No More Than 20% Of Units
with One Bedroom or Less
0 or 15
The development will have no more
than 20% of its u
nits with one bedroom
or less.
7.9.2
% of Units with 3 or More
Bedrooms
Up to 15
These points only apply to
developments eligible for the points
associated with the point category ‘No
More Than 20% Of Units with One
Bedroom or Less.’
An additional 0.75 points will be
awarded for each percent of the low-
income units in the development with
three or more bedrooms.
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Tenant Population Characteristics
# Point Category Points Explanation
7.9.3
LIHTC Units that are income
and occupancy-restricted to at
or below 30% of AMI
Up to 10
For each percentage point of units in
the proposed development that are
both rent-restricted to and occupied by
households at or below 30% of AMGI
that are not subsidized by project-
based rental assistance, one point will
be assessed.
7.9.4
LIHTC Units that are income
and occupancy-restricted to at
or below 40% of AMI
Up to 10
For each percentage point of units in
the proposed development that are
both rent-restricted to
and occupied by
households at or below 40% of AMGI,
one point will be assessed.
7.9.5
LIHTC Units that are income
and occupancy-restricted to at
or below 50% of AMI
Up to 50
The Applicant must commit to impose
income limits on the low-income
housing units throughout the extended
use period (as defined in the IRC)
below those required by the IRC in
order for the development to be a
qualified low-income development.
Points will be assessed based on the
percentage of housing units in the
proposed development both rent-
restricted to and occupied by
households at or below 50% AMGI.
7.9.6
LIHTC Units that are rent-
restricted
Up to 25
The Applicant must commit to impose
rent limits on the low-income housing
units throughout the extended use
period (as defined in the IRC) below
those required by the IRC in order for
the development to be a qualified low-
income development.
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Tenant Population Characteristics
# Point Category Points Explanation
7.9.7
Developments in “Low-Income
Jurisdictions” - Units that are
rent-restricted at or below 50%
of the AMGI and income-
restricted at or below 60% of
the AMGI
Up to 50
The Applicant must commit to impose
rent limits on the low-income housing
units throughout the extended use
period (as defined in the IRC) below
those required by the IRC in order for
the development to be a qualified low-
income development.
“Low-income jurisdiction” means any
city and county in the Commonwealth
with an area median income at or
below the Virginia non-metro area
median income established by the U. S.
Department of Housing and Urban
Development (“HUD”).
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7.10. Sponsor Characteristics—Point Items
The following is meant to provide a better understanding of the Sponsor Characteristics point
items that may be selected in the application. Refer to the Submission Checklist for correct tab
placement.
Sponsor Characteristics
# Point Category Points Explanation
7.10.1
Developer Experience-
Option #1
NOTE: Applications receiving
points under either 50-point
category are not eligible for
Plan of Development points
under the “Readiness” section
above.
0 or 50
Evidence that the controlling general
partner or managing member, of the
proposed development has/have
developed, as controlling general
partner or managing member (i) at
least 3 LIHTC developments that
contain at least 3x the number of
housing units in the proposed
development (can include market
units); OR
The developer must submit e
vidence
that the controlling general partner
or managing member, of the
proposed development has
developed, as controlling general
partner or managing member at
least six LIHTC developments.
7.10.2
Developer Experience-
Option #2
0 or 50
The developer must submit evidence
that the principal requesting points
has developed at least three LIHTC
developments and has at least
$500,000 in liquid assets.
See website for updated
Developer Experience list.
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Sponsor Characteristics
# Point Category Points Explanation
7.10.3
Developer Experience-
Option #3
0 or 10
The developer must submit evidence
that the controlling general partner
or managing member of the
proposed development has/have
developed, as controlling general
partner or managing member, at
least one LIHTC development that
contains at least the number of
housing units in the proposed
development (can include market
units).
7.10.4
Developer Experience -
Uncorrected Life Threatening
Hazard
0 or -50
This penalty will apply to any
applicant that includes a principal
that was a principal in a
development at the time the
Authority inspected such
development and discovered a life
threatening hazard under HUD’s
Uniform Physical Condition
Standards and such hazard was not
corrected in the time frame
established by the Authority.
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Sponsor Characteristics
# Point Category Points Explanation
7.10.5
Developer Experience-
Uncorrected Form 8823 to IRS
(non-compliance)
0 or -15
This penalty will apply to any
Applicant that includes a principal
who was a principal in a
development that either (i) at the
time Virginia Housing reported such
development to the IRS for non-
compliance had not corrected it by
the time a Form 8823 was filed by
Virginia Housing or (ii) remained out-of-
compliance with the terms of its
extended use commitment after
notice and expiration of any cure
period set by Virginia Housing. Penalty
points for Uncorrected 8823s (non-
compliance) will apply, unless
developer requests and Virginia Housing
determines that individuals
associated with the principal attend
Virginia Housing-authorized compliance
training prior to Application
deadline.
7.10.6
Developer Experience-
Principal Who Did Not Build As
Represented
-2x
This penalty will apply if the
application includes a principal who,
in a previous application, did not
build a development as represented
in the Application for credit. The
penalty, -2x the number of points
assigned to the item(s) not built will
apply for a period of three years
after the last Form 8609 is issued for
the development and is in addition
to any other penalties Virginia Housing
may seek under its agreements with the
Applicant.
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Sponsor Characteristics
# Point Category Points Explanation
7.10.7
Developer Experience-
Principal Who Failed to Provide
a Minimum Building
Requirement as Required in a
Previous Application
0 or -20
This penalty will apply if the
application includes a principal who,
in a previous application, did not
provide either a minimum building
requirement as defined in Minimum
Design & Construction Requirements
or required non-point item as
referenced in the Tax Credit
Application. A 20 point penalty will
apply for three years after the
issuance date of the last Form 8609
and is in addition to any other
penalties Virginia Housing may seek
under it's agreements with the Applicant.
7.10.8
Developer Experience-
Principal Who Had Credits
Terminated by Virginia Housing
0 or -10
This penalty will apply if the
application includes a principal who,
in a previous application, had a
reservation of credits involuntarily
terminated by Virginia Housing. A 10-
point penalty will apply for three years
years after the credits are returned to
Virginia Housing and is in addition to
any other penalties
Virginia Housing
may seek under its
may seek with the Applicant.
7.10.9
Developer Experience-
Exceeding Cost Limits
0 or -50
This penalty will apply if the
application includes a principal that
was a principal in a development for
which the
actual cost of construction
exceeded the applicable cost limit by
5% or more (-50 points for a period
of 3 calendar years beginning
January 1 of the year following the
completion of the cost certification).
If the Board of Commissioners
determines that exceeding the cost
limit by more than 5% was outside
the applicant’s control based upon
documented extenuating
circumstances then no negative
points.
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Sponsor Characteristics
# Point Category Points Explanation
7.10.10
Developer Experience-
More than Two Requests for
Final Inspection
0 or -5
This penalty will apply if the
application includes a principal who,
in a previous application had more
than two requests for final
inspection.
Negative 5 points will apply
beginning the year after the prior
application incurred the penalty and
continue for two years.
7.10.11
Management Company Rated
Unsatisfactory by Virginia
Housing
0 or -25
If the ownership of any Applicant
includes a principal, who in a
previous application hired a
management company to manage a
tax credit development, after such
management company received an
“unsatisfactory” rating from VH
during the compliance and extended
use periods of such development.
7.10.12
Developer Experience-
Requesting a Qualified Contract
Disqualified
Beginning January 1, 2019, any
applicant that includes a principal
that
has pursued a Qualified Contract
in Virginia will be disqualified.
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7.11. Efficient Use of Resources
The following is meant to provide a better understanding of the Efficient Use of Resources point
items that will be calculated in the application.
Efficient Use of Resources
# Point Category Points Explanation
7.11.1
Credit Per Unit
Up to
200
Up to 200 points will be awarded based
on the percentage by which the total
amount of credits, per low-income
housing unit type, for a given property,
is less than the highest per-unit-type
credit amount. This is an automatic
calculation in the application.
7.11.2
Cost Per Unit
Up to
100
Up to 100 points will be awarded based
on the percentage by which the cost
per low-income housing unit type for a
given property is less than the highest
per unit type cost. This is an automatic
calculation in the application.
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7.12. Bonus Point Items
The following is meant to provide a better understanding of the Bonus point items that may be
selected in the application. Refer to the Submission Checklist for correct tab placement.
Bonus Points
# Point Category Points Explanation
7.12.1
Extended Use Restriction
40 or 50
Applications documenting that the
owner will maintain the low-income
units in compliance for 10 years over
the standard 30-year extended use
period (40 years of total compliance)-
40 points; OR
Applications documenting that the
owner will maintain the low-income
units in compliance for 20 years over
the standard 30-year extended use
period (50 years of total compliance)-
50 points.
7.12.2
Non-Profit or Local Housing
Authority (LHA) Purchase
Option
NOTE: If points are requested
for extend
ed compliance above,
no points will be awarded for a
purchase option or right of first
refusal.
0 or 60
The Purchase Option or Right of First
Refusal must be signed and notarized
by both the applicant and the
participating non-profit.
If, during the document review and
scoring process, Virginia Housing
determines that the non-profit or LHA
is not qualified, the Applicant may
submit a request to select one of the
extended compliance options and
Virginia Housing may award the
appropriate points.
The qualified non-profit must have a
minimum of 10% ownership in the
general partnership or managing
member for the full 15-year
compliance period to qualify for these
points. LHAs are not subject to
the 10%
ownership requirement.
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Bonus Points
# Point Category Points Explanation
7.12.3
Homeownership Option
0 or 5
The local housing authority (LHA) LHA
or qualified non-profit commits to sell
the units in the development to
tenants.
This category is limited to properties
with detached single-family homes on
individual lots that are not part of a
homeownership association with
mandatory dues. Points under this
category are not available to applicants
receiving points for extended
compliance.
7.12.4
9% Developments with 4%
Bond Funding
25,35, or
45
Developments funded with 9% Tax
Credits that are also funded with 4%
Tax Exempt Bonds:
• 30% of Aggregate units funded by
Tax-Exempt Bonds (25 Points)
• 40% of Aggregate units funded by
Tax-Exempt Bonds (35 Points)
• 50% of Aggregate units funded by
Tax-Exempt Bonds (45 Points)
Both developments must be closed by
April of the year following the
allocation year. A one-time 4% bond
closing extension to September of the
year following the allocation year will
be allowed with a $10,000 extension
fee. Failure to close the tax-exempt
bond development by this date will
result in the loss of the 9% credits and
penalty points for three years that are
double the points received.
7.12.5
Rental Assistance
Demonstration (RAD) program,
or other PHA conversion to
project-based rental assistance,
and competing in the LHA Pool
0 or 10
Any development participating in the
Rental Assistance Demonstration (RAD)
program, or other PHA conversion to
project-based rental assistance,
competing in the Local Housing
Authority pool. Applicants must show
proof of a CHAP or HUD commitment.
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7.13. Reservation Application- 4% Tax-Exempt Bonds
Developments financed with tax-exempt bonds are eligible to apply for tax credits on a rolling
basis and do not need to compete for credits. These developments, because they are federally
subsidized, only qualify for the 4% credit. Bond financing must be more than 50% of the
development’s aggregate basis plus land while the maximum allowable credits are calculated on
100% of the qualified basis of the low-income units. Virginia Housing must determine that the
development satisfies the threshold requirements of the QAP. Only the minimum amount of credits
will be allocated to the development to make it financially feasible.
The application is the same for 9% and 4% credits and can be found on our website, Virginia Housing.com.
The 4% Tax Credit Application was created using Microsoft Office 2016. The Mandatory Items that must be
submitted with
the 4% Reservation application are the same as “Reservation Application Mandatory Items,”
described in Section 6.5., as well as a Physical Needs Assessment (if applicable) and a Phase I Environmental
Assessment. Please note that there is a requirement to meet with TCA Staff prior to submission of reservation
application. If available, please add an inducement resolution.
DEADLINE: For Virginia Housing bond-issued developments, tax credit applications should be submitted
at least one month before Virginia Housing bond
pricing. For non-Virginia Housing bond issuance,
applications should be submitted at least 75 days prior to bond issuance.
# Description
7.13.1
Complete the Locality Notification Information form (online submission) prior to
application submission
7.13.2
Submit the Application for Reservation— The market study, Physical Needs
Assessment (if applicable), Phase I Environmental Site Assessment, and $1,000
Application Fee are due with the Application
7.13.3
The appraisal fee (if applicable) is due when Virginia Housing notifies the
Applicant of the appraisal fee (typically
within 7-10 days of receiving Application
7.13.4
VH reviews the Application for threshold, financial and market feasibility
7.13.5
If the Application qualifies for an allocation, Virginia Housing will request
payment of the Reservation Fee
7.13.6
Aft
er receipt of the Reservation Fee, Virginia Housing
s
ends
the
Section
4
2(m)
l
ette
r,
Extended
U
se Agreement and Election to Fix Applicable Percentage.
7.13.7
An Existing Conditions Questionnaire must be submitted with the
reservation application for all 9% and 4% deals.
7.13.8
If the applicant chooses to lock the rate, an original, signed Election to Fix
Applicable Percentage must be received at VH by close of the 5th day of the
month following the month bonds are issued.
NEW! Virginia Housing will be requiring the submission of a 50% test with all 4% deals to be
submitted after bond closing and no later than 8609 application.
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7.14. How to Submit Reservation Applications (9% and 4%)
Applicants must submit all application materials through Procorem only! Submit application
material following the protocol below.
* [Dev Name] = type in the name of the development
To set up a Procorem work center, applicants must email the Tax Credit Allocation department
with the email address and the name of the project(s) you want associated with that email
address. Please see instructions for using Procorem at Virginia Housing.com for more information.
Application fees must be paid prior to the deadline. Submit fees per the process in Section
12.2.
If a mandatory item is not provided with the Reservation application or needs to be corrected,
the Executive Director may allow applicant an opportunity to submit such attachments with a
possible 10-point penalty. Virginia Housing reserves the right to request additional information for
purposes
of clarification.
Naming Protocol
Description
[Dev Name] - Reservation App
Active Microsoft Excel workbook
[Dev Name] – Reservation App
NOTE: If all attachments are not in one pdf, Virginia
Housing has the right to deny the application.
PDF file which includes the following:
PDF copy of the signed application,
including self-score sheet and
all application attachments (i.e. tab
documents, excluding the market study,
plans, specs and/or work write-up)
[Dev Name] - Market Study
PDF or other readable electronic format
[Dev Name] - Plans & Specs & Unit-by-Unit Write-up
(if applicable)
or
[Dev Name] – Plans & Unit-by-Unit Write-up
(if applicable)
[Dev Name] - Specs
Electronic Plans and Specifications
Electronic Unit-by-Unit Work Write-up
(if applicable)
[Dev Name] - Physical Needs Assessment (if
applicable)
PDF or other readable electronic format
[Dev Name] – Phase I Environmental Assessment
PDF or other readable electronic format
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8. Allocation Information
In addition to scoring applications, Virginia Housing must also determine the amount of credits to
award the development. In no case can Virginia Housing provide more credits than necessary to
make the development financially feasible. This is a two-step analysis, with the development
qualifying for the lesser of: (1) the maximum amount of credits allowed on the development given
the amount of eligible basis and the percentage of qualified low-income units (i.e. the applicable
fraction) and (2) the amount of credits necessary to generate enough equity to fill the gap
between the development’s total sources and uses. Applications must remain competitive
throughout allocation and 8609. If scores drop to the point where they are no longer competitive,
credits may be reduced.
A reservation of credits is made after an initial feasibility analysis by Virginia Housing and is conditioned
upon
the development’s sponsor meeting certain requirements. Applicants who satisfy the requirements
are given an allocation of credits. If a development is placed in service in the year of allocation, it
qualifies for a regular allocation and Forms 8609 may be issued on or before December 31. If the
development is not placed in service in the year of allocation, the developer must request a carryover
allocation. A second feasibility analysis is completed by Virginia Housing
to reflect any
changes in the development’s cost and/or financial structure shown in the Allocation app
application, granting a Carryover Allocation.
After a building has been placed in service (i.e., the rehab is substantially complete as evidenced by
AIA Substantial Completion form or for new construction, Certificates of Occupancy are issued), the
Owner will submit the Application for IRS Form(s) 8609 to Virginia Housing. A third feasibility analysis
will be
performed at that time. The final credit amount is the lesser of the amount necessary to make the
development feasible and the amount of the earlier carryover allocation.
8.1. Allocation Applications
Virginia Housing sends out customized Carryover allocation applications to developers that
have accepted a reservation of credits. Carryover Allocation Applications are due back to
Virginia Housing no later than the established deadline posted in the schedule. A late charge
of $500 per day will be assessed for each calendar day past the due date that the Allocation
Application is not returned to Virginia Housing.
At the issuance of the allocation, an allocation representative will be assigned to
each development. Please contact your assigned allocation representative if you have any
questions during the allocation process.
8.2. How to Submit Allocation Applications
Complete the Allocation Application by verifying and/or updating answers to all questions.
Submit all application materials in electronic format only to the Virginia Housing Procorem
site. The following protocol must be used to name files.
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*[Dev [Dev Name] = type in the name of the development
8.3. Allocation Application Mandatory Items
The following items must be submitted with the Allocation application.
# Mandatory Item
8.3.1
Excel copy of the Allocation Application
8.3.2
Electronic/PDF copy (via Procorem site) of signed Allocation Application and
attachments
8.3.3
Attorney’s Opinion
8.3.4
IRS Letter Confirming the Assignment of the EIN Number (Form SS-4) to the
owner (i.e. LP, LLC, etc.)
8.3.5
Site Control Documentation in the form of (1) a copy of the recorded deed or
land lease (or memorandum of land lease) or (2) a copy of the document and
recording receipt (separate deadline established in Reservation documents)
8.3.6
Owner’s Certification – must include an itemized list of expenditures. This does
not have to be certified by a CPA, unless required by the attorney for the
Attorney’s Opinion letter. For purposes of calculating the 10% test, the
Naming Protocol
Description
Allocation – [Dev Name] – Application
Active Microsoft Excel workbook
Allocation – [Dev Name] - Application
PDF copy of the signed application
Allocation – [Dev Name] – Attorney’s Opinion
Attorney’s Opinion
Allocation – [Dev Name] – IRS EIN #
IRS EIN #
Allocation - [Dev Name] – Owner’s Cert
Owner’s Certification
Allocation – [Dev Name] – Investor LOI
Investor LOI
Allocation – [Dev Name] – [Document Name]
Other document(s) revised since the
Reservation Application
Allocation - [Dev Name] – EUA (Recorded)
Recorded EUA
Allocation - [Dev Name] – ROFR (Recorded)
Non-Profit or Local Housing Authority
(LHA) Right of First Refusal
Allocation - [Dev Name] – Site Control (Recorded)
Recorded Site Control Documentation
(Deed, Land Lease, etc.)
Allocation – [Dev Name] – Physical Needs
Assessment
Physical Needs Assessment, only
applicable for 9% rehab.
Allocation – [Dev Name] – Phase I Environmental
Site Assessment
Phase I Environmental Site
Assessment, only applicable for 9%
deals.
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# Mandatory Item
reasonably expected basis in the development consists of land and depreciable
property, regardless of whether those items are included in eligible basis.
8.3.7
Recorded Extended Use Agreement - if the recorded Extended Use Agreement is
not returned from the locality by the application due date, submit a copy of the
Extended Use Agreement and copy of the recording receipt (separate deadline
established in Reservation documents)
8.3.8
Recorded Non-Profit or Local Housing Authority (LHA) Right of First Refusal
(separate deadline established in Reservation documents)
8.3.9
Letter from Syndicator or Investor (LOI)
8.3.10
Other documents revised since the Reservation Application
8.3.11 Capital Needs Assessment, if rehab
8.3.12
Phase I Environmental Site Assessment
8.4. Meeting the 10% Test
If the owner has not incurred more than 10% of the reasonably expected basis by the
Allocation Application due date, then it must submit documentation to Virginia Housing that
more than 10% of the reasonably expected basis has been incurred within 12 months of
the Carryover Allocation Agreement date.
Starting in 2019, 10% tests are due 30 days prior to the 12-month deadline for meeting the
expenditure test.
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9. Application for 8609 Information
Virginia Housing policy relating to both 9% allocations and 4% tax-exempt allocations requires that
the owner notify Virginia Housing's Tax Credit Allocation Department in writing within 30 days
after the date the units in the last building in the development are ready for occupancy. Place the
building in service by a notice of substantial completion for rehab projects or certificates of
occupancy (CO) for new construction. If new construction, at least one unit per BIN must have a CO
or temporary CO. In the case of rehabs, there is also a per unit expenditure test that can be met
for this purpose if substantial completion has not been achieved. The required expenditure
amount is $6,000 plus an inflationary figure that puts the total at approximately $6,700 per
unit. A cost certified per unit expenditure in lieu of substantial completion is required to
support the expenditure amount.
If the 8609 Application, including requested supporting documentation, is submitted to Virginia
Housing late, the owner will be subject to a fine of $100 per calendar day, up to $7,500; thereafter,
the owner will be fined an additional 4% of the outstanding cumulative balance on each one-
month anniversary. Form(s) 8609 will not be issued until the fee is paid.
9.1. Application for 8609
Following notification of readiness for occupancy to Virginia Housing's Tax Credit Allocation
Department, the owner will receive a customized 8609 application for their development.
Virginia Housing will also schedule the final physical inspection of the development, which
will include entry into several representative units. The primary purpose of this inspection is
to determine that the building(s) and units were produced in accordance with
representations made in the Reservation Application and in accordance with Virginia
Housing's Minimum Design & Construction Requirements.
Virginia Housing prefers that loan closings for permanent financing occur before requesting
Form(s) 8609. However, if closing has not occurred, you may still submit an 8609 Application.
Submit a copy of the permanent funding commitment(s), along with other supporting
documentation requested on the 8609 Submission Checklist.
An Auditor’s Report and Final Cost Certification are required prior to the issuance of the
final housing credit allocation and IRS Form(s) 8609. The Independent Auditor’s Report
must be completed in accordance with generally accepted auditing standards, which
require that the auditor obtain reasonable assurance about whether the Final Cost Certification
is free of material misstatement. The Final Cost Certification is an itemization of final
development costs and concludes which portion of the costs is included in eligible basis. For
consistency, the itemization presented in the Final Cost Certification should match the
itemization in the 8609 Application. Virginia Housing would also like to see certified uses
attested to by a certified auditor.
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9.2. Deadline for 8609 Applications
For both 9% and 4% deals, a completed 8609 Application must be submitted to Virginia
Housing within 180 days of the date on which a development’s last building becomes
ready for occupancy, as evidenced by the Certificate of Occupancy (for new construction)
or Architect’s Certificate of Substantial Completion (for rehabs).
Special Rule for 9% Credit Developments: According to Virginia Housing's Contract
to Enforce Representations, 8609 Applications for 9% credit developments are due no later
than April 30
th
of the second year following the year of allocation. Extensions may be
granted for up to 12 months beyond April 30
th
with prior approval by Virginia Housing.
9.3. How to Submit the 8609 Application
An Excel copy of the Application, as well as an electronic/PDF copy of the signed Application
and all attachments must be submitted to the Virginia Housing Procorem site. Do not e-
mail or submit hard copies.
9.4. Application for 8609 Mandatory Documents
The following items must be submitted with the application for 8609. Submit the following
using the Virginia Housing Procorem site:
# Mandatory Item
9.4.1
Completed 8609 Application (active Excel workbook)
9.4.2
Electronic/PDF copy of the signed Application
9.4.3
Virginia Housing-requested supporting documents (see Application Submission Checklist)
9.4.4
Permanent financing documentation (or other docs. if Closing has not occurred)
9.4.5
Construction Contract and GC Cost Certification
9.4.6
Grant Agreement(s), if applicable
9.4.7
Final Partnership Agreement and Development Agreement (if applicable)
9.4.8
Independent Auditor’s Report
9.4.9
Final Cost Certification
9.4.10
Certification of Sources and Uses
9.4.11
EIN verification for 4%
9.4.12
Green certification, if applicable.
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9.5. Application for 8609 Deadlines
The following deadlines must be met for the submission of 8609 application information.
Deadline Description
Within 30 days of
construction
completion of the units
in the last building
Submit notification to VH's Tax Credit Allocation Department no
later than 30 days after the units in the last building are ready for
occupancy, as evidenced by a Certificate of Occupancy or
Architect’s Certificate of Substantial Completion (if rehab).
No more than 180 days
after construction
completion of the units
in the last building
SSubmit the 8609 Application, including supporting
documentation (see list above and 8609
checklist).
No later than April 30
th
(of the second year
following the year of
allocation)
8609 Applications for developments financed with 9% credits
are due. Extensions may be granted for up to 12 months
beyond April 30th with prior approval by Virginia Housing.
9.6. Correct
ions to 8609(s)
Virginia Housing often receives requests to amend previously issued 8609s (e.g. building
addresses or placed-in-service dates that are listed incorrectly on the Application by the
owner). Errors may cause the allocation of tax credits to be invalid and subsequently, cause
recapture of the tax credits by the IRS. Due to the administrative burden placed on
everyone involved, Virginia Housing will charge $100 for each Form 8609 to be corrected and
reissued.
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10. Recapitalization
No application for new credits will be accepted for any building or development that is still subject
to the compliance period for previously allocated low-income housing tax credits.
Any development having completed the initial compliance period and receiving additional credits
must continue to comply with the existing Extended Use Agreement as well as any new Extended
Use Agreement restrictions.
An applicant may submit an application for credits for a development for which the extended use
period was terminated as a result of foreclosure, provided the applicant has no relationship with
the owner or owners of such development during its initial compliance period.
Including in the case of foreclosure, acquisition credits are not available until the initial 15-year
compliance period has ended.
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11. Qualified Contract Information
Starting January 1, 2019, all applications that receive an allocation of either 9% or 4% credits waive
the right to pursue a Qualified Contract. Also, any principal in a development that pursues a Qualified
Contract after January 1, 2019 will not be eligible to apply for an allocation of credits in any
subsequent rounds.
Section 42(h)(6)(E)(i)(II) of the IRC created a provision that housing credit agencies respond to
requests for presentation of a Qualified Contract (“Request for Qualified Contract”) for tax credit
developments with expiring compliance periods. The Request for Qualified Contract is a request that
the housing credit agency find a buyer (who will continue to operate the property as a qualified low-
income property) to purchase the property for a qualified contract price, calculated pursuant to IRS
Section 42(h)(6)(F). If the housing credit agency is unable to present a qualified contract within one
year, the extended use period is terminated. However, the development will remain subject to the
requirements set forth in Section 42(h)(6)(E)(ii); that is, for a three-year period commencing on the
termination of the compliance period, the owner may not (i) evict or terminate a tenancy (other than
for good cause) of an existing tenant of any low-income unit, or (ii) increase the gross rent with
respect to any low-income unit except as permitted under Section 42 of the IRC, as well as the
requirements of the Extended Use Agreement. A qualified purchaser can be a non-profit or a for-
profit entity that agrees to maintain the affordable housing units and fulfill all requirements of the
Extended Use Agreement.
Many owners have chosen to waive the right to request a Qualified Contract and have committed to
thirty years or more of operation as low-income rental housing. Owners should review the QAP, Tax
Credit Application, Carryover Agreement and Extended Use Agreement to determine whether
a waiver is in place for the development. See Appendix for more information on Virginia
Housing's Qualified Contract process.
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12. Program Administration
Please refer to this section for questions related to the administration of the LIHTC program.
12.1. Summary of Program Fees
The following fees will be assessed:
Amount Description
Program
$1,000
Application Fee - Applications will not be processed until the
application fee is paid.
9%, 4%
TBD
based on the complexity of the assignment. Virginia Housing will not
order the appraisal until the fee is received.
Appraisal Fee – The appraisal fee (if ordered by Virginia Housing)
9, 4%
7% of annual
credit
amount
Reservation Fee- Assessed only to those applicants accepting a
9%
credit reservation; the amount is communicated in a letter
sent with the Reservation Agreement; due as instructed in
Reservation correspondence from Virginia Housing.
9%
7% of annual
credit
amount
Reservation Fee- Assessed only to tax-exempt bond applicants
who
qualify for an allocation of 4% tax credits; due after the
submission of the Application, upon written request by Virginia Housing.
This fee will be calculated based on the lesser of the credit
amount from Virginia Housing's feasibility review or the credit amount
requested by th
e Applicant. If at 8609 Application the review
causes a reduction in the feasible credit amount, there will be
no refund of the original fee, as it is considered a minimum
application fee; the Section 42(m) letter will not be issued until
the fee is paid
4%
$500 per
calendar day
Late Submission of Reservation Agreement- fee is assessed
when any of the reservation documents, including Reservation
Agreement, are not submitted to Virginia Housing by
the stated
deadlines; communicated to Applicants via Reservation
Agreeme
nt cover letter; significant delay may result in loss of
the reservation. After 5 p.m. on any date is considered the
following calendar day.
9%
$500 per
calendar day
Late submission of Allocation Application - fee is assessed per
calendar day for each day after the deadline. After 5 p.m. on
any date is considered the following calendar day; applications
will not be processed until the fee is paid
9%
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Amount Description Program
$100 per
calendar day
Late submission of Placed in Service documentation- fee is
assessed per calendar day for each day after the deadline.
Placed in service documentation must be submitted within 30
days of being issued.
9%, 4%
$100 per
calendar day
completed 8609 Applications be submitted within 6 months of
the development’s Construction Completion Date, as
evidenced by a Certificate of Occupancy or Architect’s
Certificate of Substantial Completion (if rehab). The fee is $100
per calendar day, up to $7,500; thereafter 4% of the
outstanding balance each one
-month anniversary). Form 8609
will not be issued until the fee is paid.
Late Submission of 8609 Application - it is Virginia Housing's policy
9%,4%
$100 per
form
Correction of Form(s) 8609 - The fee is assessed when an
owner requests Virginia Housing to issue an amended 8609 due to
the original being issued with incorrect data supplied by the
owner.
The amended 8609 will not be issued until the fee is paid.
9%, 4%
$50 per
form
Replacement of Documentation Previously Provided, e.g.
original Extended Use Regulatory Agreement
9%, 4%
$35 per unit
per year
Compliance Monitoring Fee - after all buildings are placed in
service. The fee is reduced to $20 per unit during the extended
use period (years 16-30). Submit to Virginia Housing's Compliance
department.
9%, 4%
$25 per unit
per year
Compliance Monitoring Fee – RD Developments - after all
buildings are placed in service. The fee is reduced to $10 per
unit during the extended use period (years 16
-30). Submit to
Virginia Housing's Compliance department.
9%, 4%
$20,000
Qualified Contract Preliminary Application Fee
9%, 4%
$20,000
Qualified Contract Application Fee
9%, 4%
$1,500
Extension Fee- per request
9%, 4%
For-profit sponsors pay reservation fees at the time signed reservation agreements are due at
Virginia Housing. Non-Profit sponsors competing or eligible to compete in the Non-Profit Pool
or
developments competing or eligible to compete in the Local Housing Authority Pool pay
reservation fees at the time of the first syndication payment, but no later than the Allocation
Application Deadline.
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Waiver of application fees and reservation fees are not granted under any circumstances. The
Executive Director has the discretion to waive all other fees. Waivers may be granted as
circumstances warrant and will be evaluated on a case-by-case basis.
12.2. How to Submit Payments
Make payments by check, Automated Clearing House (ACH) payment, or wire transfer. Checks
are considered received at the time they are delivered to the LIHTC Allocation Department. Mail
checks to:
Virginia Housing
Attn: Tax Credit Allocation
601 S. Belvidere Street
Richmond VA 23220
Contact the LIHTC department (taxcreditapps@virginiahousing.com) for instructions. Prior to making
your payment, you MUST send the an email that describes the following:
1. The name of the development
2. The type of fee
3. The date that you will be making the transaction
4. How much you will be sending (to the cent)
IMMEDIATELY after you have completed the transaction you MUST forward a remittance advice
slip showing that the transaction was completed (i.e. confirmation from your bank that your
transaction has been completed).
Transactions are considered received when Virginia Housing LIHTC Allocation receives the funds in
the
designated account.
12.3. Updating Program Information
Periodically, it is necessary to update information relating to the tax credit program due to the
availability of new information or to clarify program requirements in response to new questions.
Updates will be sent via e-mail and will be posted on the Virginia Housing LIHTC Programs
website.
Applicants are responsible for making sure they receive all necessary information for submitting
applications.
12.4. Change of General Partner or Managing Member
Change of General Partner or Managing Member (direct or indirect) is prohibited prior to
the development being placed-in-service (PIS) and is subject to approval by Virginia Housing.
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Per the Extended Use Agreement, the Owner shall notify Virginia Housing, in advance, of any
sale, assignment, transfer or exchange of all or any part of the development or of any
ownership interest in the Owner (other than investor member interests).
In addition, the Extended Use Agreement requires that an applicant that received LIHTCs as a
result of competing in the Non-profit Pool, remain a Qualified Non-Profit Organization (as
defined in subsection (h)(5)(C) of § 42); materially participate in the development and operation
of the development throughout the Compliance Period; and own 100% of the managing
member interests in the Owner throughout the Extended Use Period.
12.5. Related Entities Limit
No more than 15% of the per capita credit amount may be reserved to any party or related
parties, either directly or indirectly, in any credit year. See the QAP for information on related
parties and the credit cap. This limitation does not apply to credits awarded to developments
funded with tax-exempt bonds but does apply to developments receiving credits in the
Accessible Supportive Housing 9% pool. The limit is applied to the year credits are reserved.
12.6. Applications are Open to the Public
Applications are subject to review under the Virginia Freedom of Information Act. As such,
interested individuals may request the opportunity to inspect and copy them.
Applications for 9% credits are available for viewing on Virginia Housing's website.
Virginia Housing will post Applications and all attachments (excluding plans, specifications,
and appraisals). Scanned files are listed alphabetically by development name.
12.7. Authorization of the Executive Director
The Executive Director is authorized to waive or modify any provision herein, where deemed
appropriate by him, for good cause to promote the goals and interests of the Commonwealth in
the federal Low-income Housing Tax Credit program, to the extent not inconsistent with the IRC.
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Appendices
A. Market Study Guidelines and Approved Analyst List
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Market Study Guidelines
The Internal Revenue Code and the Qualified Allocation Plan (“QAP”) of Virginia
require the submission of a market study in connection with an application for Low
Income Housing Tax Credits (LIHTC).
Virginia Housing, in accordance with Section 42(m)(1)(A)(iii) of the Internal
Revenue Code, requires that the entity preparing the market study be a
disinterested party, approved by Virginia Housing (“the credit agency”).
Accordingly, the analyst cannot have any interest in the
development or have a relationship with the owner of the development.
All applicants applying for Low-Income Housing Tax Credits (LIHTC) are required
to submit a market study at the time of application. Failure to submit the
market study by the stated deadline may disqualify the application.
Only Virginia Housing approved market analysts will be allowed to complete
market studies for developments seeking a LIHTC reservation. A complete listing of
approved market analysts can be found on the Virginia Housing website.
A developer submitting an application for a development that will be funded with
both 9% and 4% tax credits, must submit a separate market study for the 9% project
and the 4% project.
Virginia Housing has no contractual relationship with the preparer of the
market study. Market studies are procured directly by the LIHTC applicant and
accordingly, the applicant is the client of the market analyst. Therefore, the
market study should be addressed directly to the client and any representations
made by the market analyst should not directly or indirectly communicate that
the market analyst is representing Virginia Housing or in any way acting for, at
the request of, or on behalf of Virginia Housing. The analyst, however, must
identify Virginia Housing as an authorized user of the market study, noting that
Virginia Housing may rely on the representations made therein.
The market study must be submitted to Virginia Housing by the LIHTC applicant and
included within the pdf Application Tab.
The market study should be in electronic, PDF format. Virginia Housing should
be able to select, copy and cut text. In reviewing any LIHTC application and
the corresponding market study, Virginia Housing at its sole discretion may
request supplementary market data from the analyst or commission an additional
Page 1 of 8
market study. The market analyst conducting this additional work, will be
commissioned and compensated directly by Virginia Housing, and in such
transaction, Virginia Housing will be the client of the market study
preparer. The applicant may be required to bear the cost of additional market
studies/inquiries.
Any market study submitted to Virginia Housing in connection with a LIHTC
application will remain Virginia Housing's possession and may continue to be
relied upon by Virginia Housing in determining the market feasibility of the
proposed development, regardless of any circumstances that might exist
between the LIHTC applicant and the market study analyst or firm.
On occasion, there are inconsistencies between certain representations in the
LIHTC application and representations in the market study pertaining to various
development attributes, such as architectural features, unit amenities, site
amenities, etc. In these instances, Virginia Housing will rely only upon
representations made in the LIHTC application, including supporting
application documentation, as the basis for any LIHTC allocation. If the
degree of inconsistency implies a disconnection between the applicant and
the market analyst, then the market study may not be approved and the LIHTC
application may be disqualified.
No LIHTC reservation will be made until Virginia Housing has determined that a
sufficient analysis of demand for the proposed development has been
completed. Each report must meet all market study requirements, including, the
inclusion of specific data, required calculation methods and report format.
Furthermore, reports must be written and contain sufficient information,
analysis and supporting documentation to provide Virginia Housing with an
understanding of the market data presented, the analysis of the data, and the
conclusion(s) of such data and its relationship to the subject property. The market
study should lead the reader to the same or similar conclusion(s) reached by the
analyst. If these requirements are not met, then the study and the entity which
prepared it may not be approved.
For Virginia Housing purposes, the date of the site inspection is the Effective Date
of the report. The Effective Date must be obviously stated on the cover page or
in the Executive Summary section of the report. For a market study with an
Effective Date that is 6 to 12 months old at the time of submission, if there are no
material changes to the development and/or market, the analyst can provide a
letter stating “No material changes since last report dated…” If there are
material changes, the market study must be updated to include detailed discussion
about those changes. No market study greater than 12 months old will be
accepted, meaning a site inspection by the market analyst must occur within 12
months of Virginia Housing's application deadline.
Page 2 of 8
Market studies for LIHTC developments will model the National Council of Housing
Market
Analysts’ (NCHMA’s) Model Content Standards (Version 3.0) , as well as
its Market Study Terminology , Market
Study Index and FAQs (for Model Content
Standard).
Section A (Virginia Housing & NCHMA Model Content Standards): Executive
Summary
Section B
(Virginia Housing & NCHMA Model Content Standards): Introduction
and
Scope of Work
Section C (Virginia Housing & NCHMA Model Content Standards): Project
Description
In addition to NCHMA requirements under this section, the analyst must discuss:
1. Construction Type - New Construction, Rehabilitation, Adaptive Reuse
2. Occupancy Type - Family, Elderly
3. Indicate if the proposal is a scattered site development
4. Income Restrictions: Use the applicable income restrictions of the proposed
development. Analysts must take the income and occupancy restrictions
indicated in the LIHTC application into account when estimating demand.
5. Site amenities of one phase of a development cannot be included as
amenities in subsequent phases of a development.
Section D (Virginia Housing & NCHMA Model Content Standards): Location
Section E (Virginia Housing & NCHMA Model Content Standards): Market Area
In addition to NCHMA requirements under this section, the analyst must
consider:
1. All sites in a scattered site development must be within the boundaries of
the primary market area.
2. Primary market areas are prohibited from being defined using concentric
rings.
3. Analysts are encouraged to be conservative in defining the primary market
area.
4. Include secondary or tertiary markets.
5. Primary market areas deemed to be inappropriate by Virginia Housing
may cause the market study/analyst to be rejected and thereby cause
the application to be disqualified.
Section F (Virginia Housing & NCHMA Model Content Standards): Employment &
Economy
Page 3 of 8
Section G (Virginia Housing & NCHMA Model Content Standards):
Demographic Characteristics
In addition to NCHMA requirements under this section, the analyst must discuss:
1. Elderly is defined as 55 and older.
2. If elderly population serving 55 and older, account for that population.
3. The number of owner and renter households (if appropriate, breakout by
elderly/non-elderly)
4. Households by income (if elderly development, indicate income distribution
of elderly households only)
5. Renter households by number of persons in the household
6. At a minimum, use the current year’s estimate and a five-year projection
(i.e. if your study is completed in 2020, you will use 2020 estimates and
projections for 2025).
Section H (Virginia Housing & NCHMA Model Content Standards):
Competitive Environment
In addition to NCHMA requirements under this section, the analyst must
consider the following:
1. All comparable LIHTC developments located within the primary market
area must be included in the analysis; LIHTC communities targeting a
different tenant base (elderly, family, and/or PBRA) may be excluded from
the analysis but identified.
2. Provide a detailed analysis of the impact of the proposed project on
existing and comparable LIHTC properties in the primary market area.
3. Proposed rural developments for which a sufficient number of comparable
properties does not exist, the analyst must select at least three (3)
comparable developments in adjacent localities with similar characteristics
to be included in its analysis. Analysts should explain any socio-economic
or housing market differences between the comparable properties’ and
the subject project’s markets.
4. Family and elderly developments should not be considered as competitive
with each other. However, in cases where there are no comparable senior
projects in the primary market area or region, analysts may consider using
family projects with bedroom types similar to those proposed at the subject
project as comparable properties.
Page 4 of 8
total housing costs (rent plus utilities). The demand analysis must clearly
indicate the minimum and maximum income range for each targeted
group.
For applicants proposing developments with project-based rental
assistance (Section 8, Public Housing, USDA Rental Assistance) analysts
should use the lesser of maximum allowable LIHTC rents or proposed rents
based on income targeting indicated in the application in determining
affordability. Analysts should provide demand estimates and capture rates
both with and without additional project-based subsidies.
For applicants proposing developments with market rate units, the analyst
must make a reasonable determination of a maximum income level
beyond which a household would not likely be a participant in the rental
housing market. Assumptions used in making this determination must be
clearly stated in the report.
For applicants submitting an application for a development that will be
funded with both 9% and 4% tax credits, the capture and penetration rate
analyses should be done for the total number of units expected to come
online between both the 4% and 9% projects.
4. Analysts are required to use net demand in calculating capture rates and
the absorption period. Net demand should be determined by subtracting
the supply of vacant comparable units in the PMA, completed or pipeline,
from total demand. Demand, Supply, Net Demand and Total Absorption
Period should be indicated as follows:
Page 5 of 8
New Rental Households: determine new units in the primary market area
based on projected rental household growth. The projected household base
must be limited to the target group, age and income appropriate.
Demand for each target group must be shown separately.
Existing Households: The sum of demand from rental household growth and
demand from all components of existing households will constitute Total
Demand.
Page 6 of 8
Income Restrictions
Up to 40%
(min.
income to
max.
income)
Up to 50%
(min.
income to
max.
income)
Up to 60%
(min.
income to
max.
income)
Market Rate
(min.
income to
max.
income)
Project
Total (min.
income to
max.
income)
New Rental Households
(+)
Existing Households -
Overburdened
(+)
Existing Households - Substandard
Housing
(+)
Elderly Households - Likely to
Convert to Rental Housing
(+)
Existing Qualifying Tenants - to
Remain After Renovation
TOTAL DEMAND
(-)
Supply (includes directly
comparable vacant Units
completed or in pipeline in PMA)
NET DEMAND
PROPOSED UNITS
CAPTURE RATE
ABSORPTION PERIOD
Project Wide Capture Rate - LIHTC Units
Project Wide Capture Rate - Market Units
Project Wide Capture Rate - All Units
Project Wide Absorption Period (Months)
Over-burdened’ is defined by Virginia Housing as households
paying more
than 35% of gross income (40% if elderly) for gross rent. Analysts are
encouraged to be conservative.
Households in substandard housing (i.e. overcrowded and/or lack
of plumbing): Must be age and income group appropriate.
Analysts must use their knowledge of the market area and the
proposed development to determine if demand from this source is
realistic. Analysts are encouraged to be conservative.
Elderly homeowners likely to convert to rental housing: This
component may not comprise more than 20% of total demand. The
analyst must provide a narrative describing how these numbers
were derived. Analysts are encouraged to be conservative.
Existing qualifying tenants likely to remain at the subject property
after renovation: This component of demand applies only to existing
developments undergoing rehabilitation.
In addition to the above, the analyst is free to state other measures of demand
in the body of the report. These statements must be fully explained as to where
such demand is being derived, e.g. pent-up demand, tertiary demand, or
demand from existing tenants in other rental properties.
Page 7 of 8
Section J (Virginia Housing & NCHMA Model Content Standards): Local
Perspective of Rental Housing Market and Housing Alternatives
Section K (Virginia Housing & NCHMA Model Content Standards): Analysis/
Conclusions
Section L (Virginia Housing & NCHMA Model Content Standards): Other
R
equirements
NOTE: #5 in this Section is not required by Virginia Housing.
In addition to NCHMA requirements under this section, the analyst must include
and affirm (by signature) the following:
1. I have made a physical inspection of the site and market area.
2. The appropriate information has been used in the comprehensive
evaluation of the need and demand for the proposed rental units.
3. To the best of my knowledge the market can support the demand
shown in this study. I understand that any misrepresentation in this
statement may result in the denial of participation in the Low Income
Housing Tax Credit Program in Virginia as administered by Virginia
Housing.
4. Neither I nor anyone at my firm has any interest in the proposed
development or a relationship with the ownership entity.
5. Neither I nor anyone at my firm nor anyone acting on behalf of my firm
in connection with the preparation of this report has communicated to
others that my firm is representing Virginia Housing or in any way acting
for, at the request of, or on behalf of Virginia Housing.
6. Compensation for my services is not contingent upon this development
receiving a LIHTC reservation or allocation.
7. Evidence of my NCHMA membership is included.
_____________________________________ ____________________
Market Analyst Date
Page 8 of 8
Market Study Firm Location Principal Name
LIHTC Experience
Includes…
Geo
g
raphic
Preference Contact Info
1 Allen & Associates Charlotte, NC Jeff Carroll Family, Elderly All Areas 3116 Glen Summit Drive
Charlotte, NC 28270
Ph: (704) 905-2276
jcarroll@allenadvisors.com
2 Area Probe Washington, DC Curvin Leatham Family, Special Needs,
Elderly
All Areas 1133 15th Steet, NW, 12th Floor
Washington DC 20005
(202)281-5311
cleatham@areaprobe.com
3 Baker, Till
y
, Virchow, Krause, LLC
Madison, WI David Haviland Family, Elderly All Areas Baker, Till
y
, Virchow, Krause, LLC
10 Terrace Court
P.O. Box 7398
Madison, WI 53707-7398
(
608
)
240-2358
david.haviland@bakertilly.com
4 Bowen National Research, LLC
Pickerington, OH Patrick Bowen Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas Desiree Johnson
Bowen National Research, LLC
Ph: 614-833-9300
desireej@bowennational.co
5 CDS Realty Company Richmond, VA C. Douglas Schepker, MAI,
CRE
Family Central VA CDS Realty Company
8711 Ruggles Road
Richmond, VA 23229
Ph: (804) 288-1215
cdschepker@comcast.net
6 Colliers International
(formerly MG Miller & Associates)
Richmond, VA Michael G. Miller, MAI, SRA,
AI-GRS, CCIM, FRICS
Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas 5316 Patterson Avenue
Richmond, VA 23226
Ph: (804) 288-9583
michael.g.miller@colliers.com
www.colliers.com
7 Danter Company Columbus, OH Terry Hall Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas Marketing Director
Danter Company, LLC
2760 Airport Drive, Suite 135
Columbus, OH 43219
Ph: (614) 437-9670
thall@danter.com
www.danter.com
8 EAJoseph Appraisal & Consultation Richmond, VA Eugene A. Joseph, Jr., MAI,
SRA, AI-GRS
Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas Eugene A. Joseph, Jr., MAI, SRA, AI-
GRS
EAJoseph Appraisal & Consultation
PO Box 8225
Richmond, Virginia 23226
Ph: (804) 353-1757
Fax: (888) 977-3716
Mobile: (804) 467-2517
gene@eajoseph.com
9 Fielder Group Market Research, LLC Lexington, KY Elizabeth K. Rouse Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas Fielder Group Market Research, LLC
P. O. Box 22698
Lexington, Kentucky 40522-2698
Ph: (859) 276-0000
erfielder@fieldergroup.com
10 Gibson Consulting, LLC Douglasville, GA Jim Howell, GM and Senior
Analyst
Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas Gibson Consulting, LLC
5077 Chapel Lake Circle
Douglasville, GA 30135-2687
Ph: (318) 524-0177
ford@fgibsonconsulting.com
11 Gill Group Dexter, MO Samuel L. Gill, MAI Family, Elderly All Areas P.O. Box 784
512 One Mile Rd
Dexter, MO 63841
Ph: (800) 428- 3320
cash.gill@gillgroup.com
www.gillgroup.com
12 John Wall & Associates Seneca, SC &
Charlotte, NC
Bob Rogers & Joe Burris Family, Elderly All Areas P.O. Box 1835
Seneca, SC 29679
Ph: 864-261-3147 ext.104
bob@johnwallandassociates.com
joe@johnwallandassociates.com
13 Koontz & Salinger Raleigh, NC Jerry M. Koontz Family, Elderly All Areas PO Box 37523
Raleigh, NC 27627
Ph: (919) 362-9085
vonkoontz@aol.com
Virginia Housing Approved Market Analysts Listing (LIHTC) Revised 7.21.2020
Virginia Housing Approved Market Analysts Listing (LIHTC) Revised 7.21.2020
14 LDS Consulting Group Newton, MA Lynne D. Sweet Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas LDS Consulting Group, LLC
233 Needham Street
Newton, MA 02464
Ph: (617) 454-1144
ldsweet@ldsconsultinggroup.com
www.ldsconsultinggroup.com
15 Lea & Company Corona Del Mar, CA
Omaha, NE
Merriam, KS
Byron N. Lea, MAI family, elderly, special
needs
All Areas b
y
ronlea@leacom
p
an
y
.com
Ph: (818) 914-1892
16 Market Analyst Professionals Minneapolis, MN
Chris Vance family, elderly, special
needs
All Areas Market Analyst Professionals
5400 Washburn Ave S
Minneapolis, MN 55410
Ph: (248) 515-0496
cavance@mindspring.com
17 National Land Advisory Group Columbus, OH Richard A. Barnett Family, Elderly All Areas National Land Advisory Group
2404 E. Main St.
Columbus OH 43209
Ph: (614) 545-3900
rbarnett@landadvisory.biz
18 Novogradac & Co LLP Bethesda, MD H. Blair Kincer, MAI, CRE Family, Elderly All Areas Novogradac & Company LLP
4520 East West Highway, Suite 615
Bethesda, MD 20814
Ph: (240) 235-1705
blair.kincer@novoco.com
www.novogradac.com
19 Real Estate Strategies, Inc. Paoli, PA Elizabeth M. Beckett, CRE Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas Elizabeth M. Beckett, CRE
Senior Vice President
Real Estate Strategies, Inc./RES
Advisors
63 Chestnut Road, Suite #6
Paoli, PA 19301
Ph: (610) 240-0820
Ebeckett@resadvisors.com
www.resadvisors.com
20 Real Property Research Group D.C./Baltimore/ATL Robert M. Lefenfeld Family, Elderly All Areas Real Property Research Group, Inc.
10400 Little Patuxent Parkway
Suite 450
Columbia, MD 21044
Ph: (410) 772-1004 ext 6101
blefenfeld@rprg.net
21 S. Patz & Associates, Inc. Potomac Falls, VA Stu Patz Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas S. Patz & Associates, Inc.
46175 Westlake Drive #400
Potomac Falls, VA 20165
Ph: (703) 421-8101
spatzec@comcast.net
22 Shaw Research & Consulting Bad Axe, MI Steven R. Shaw Family, Elderly All Areas Shaw Research & Consulting
P.O. Box 38
Bad Axe, MI 48413
Ph: (989) 415-3554
steveshaw@shaw-research.com
23 Specialty Valuation Group Dublin, OH Brian Gault Family, Elderly All Areas S
p
ecialt
y
Valuation Grou
p
425 Metro Place North, 620
Dublin, OH 43017
Ph:
(
614
)
678-5490 ext. 108
B
g
ault@s
p
ecialt
y
valuation.com
www.s
p
ecialt
y
valuation.com
24 T. Ronald Brown Research & Analysis Cary, NC T. Ronald Brown Family, Elderly All Areas T. Ronald Brown
P.O. Box 1294
Cary, NC 27512
Ph: (919) 233-0670
trb@tronaldbrown.com
25 Ton
y
Kamana Realt
y
, LLC Toms River, NJ Tony Kamana Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas Tony Kamana
200 Main St., Suite 100
Toms River, NJ 08753
Ph: (732)286-9250
www.tonykomand.com
26 ValueTech Realty Services, Inc. Lutz, FL Kay Kauchick, MAI Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas ValueTech Realty Services, Inc.
240 Crystal Grove Blvd.
Lutz, Florida 33548
Ph: (813) 948-0545
www.gotovalue.com
Virginia Housing Approved Market Analysts Listing (LIHTC) Revised 7.21.2020
27 Vogt Strategic Insights (VSI) &
Vogt Strategic Insights Appraisal
Group, MAI
Columbus, OH Rob Vogt Family, Elderly All Areas Vogt Santer Insights
1310 Dublin Road
Columbus, OH 43215
(614) 224-4300
RobV@VSInsights.com
www.vsinsights.com
28 Waverly Research Group, Inc. Las Cruces, NM Donald F. Robinson Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas The Waverly Research Group, Inc.
5015 Silverton Court
Las Cruces, New Mexico 88011
Ph: (575) 522-3400
dfrobinson@waverlygroup.net
29 CBRE Kansas City, MO Matt Hummel Famil
y
, Elderl
y
, S
p
ecial
Needs
All Areas CBRE
4520 Main Street, Suite 600
Kansas City, MO 64111
Ph: (816)304-2519
matt.Hummel@CBRE.com
Market Study Analyst
Application For Approval
To be listed on Virginia Housing's website as a market study analyst, you must submit this
form by email to Sheila.Stone@virginiahousing.com. For questions please call 804-343-5822.
Date:
Name of Market Study Company:
Contact Information:
Address
Phone Number
Email
List all states in which you have submitted tax credit market studies:
I have read and understand the market study guidelines. The market studies, submitted for
purposes of LIHTC in Virginia, shall at a minimum conform to all the requirements of the
current Virginia Housing Market Study Guidelines (posted at virginiahousing.com/LIHTC
Program). I/my firm has a minimum of five years of experience in market research on
affordable, multifamily, rental housing. I/my firm has not been banned from submitting a
market study in any state or federal department or agency. My obligations as an analyst/firm
will not be assigned or transferred to any other person, firm or corporation without the prior
written consent of Virginia Housing. All the information I have submitted is true and may be
placed on the Internet at www.virginiahousing.com. I understand that I may be removed
from the approved market analyst list at anytime for any reason by Virginia Housing.
Principal
Signature
To be completed by Virginia Housing only.
Approved
Rejected
Criteria for Approved Market Analysts’ Listing
The Analyst’s listing is now closed and will be reconsidered in 2021 or at the instruction of the
Director of LIHTC Programs.
Provide the following acknowledgements as included in the Market Study Analyst Application for
Approval:
That market studies, submitted for purposes of LIHTC in Virginia, shall at a minimum conform
to all the requirements of the current Virginia Housing Market Study Guidelines (posted at
virginiahousing.com/LIHTC Program).
That the analyst and/or firm has a minimum of five (5) years of experience in market
research on affordable, multifamily, rental housing.
That the analyst and/or firm is not presently debarred, suspended, proposed for debarment
or suspension, declared ineligible or excluded from participation by any state or federal
department or agency.
That the analyst’s/firm’s obligations will not be assigned or transferred to any other person,
firm or corporation without the prior written consent of Virginia Housing.
In addition to the above, please submit the following via e-mail to
Sheila.Stone@virginiahousing.com:
Provide evidence that you are a member of the National Council of Housing Market
Analysts (NCHMA). If you are currently not a member, please provide an explanation as to
why you are not.
A listing of up to 50 LIHTC and/or affordable, multifamily, rental developments for which you
have completed market studies (preferably in Virginia), including development name,
development address, number of units, construction type and development type
(family/elderly)
If the analyst/firm has not provided Virginia Housing with a market study for a LIHTC
development in the last twenty-four (24) months, provide 3 reference letters from customers
for whom you’ve completed market studies for LIHTC and/or affordable, multifamily, rental
developments; preferably from state or local housing agencies and/or financial institutions.
Letters should reference specific properties/property locations.
If the analyst/firm is interested in performing market studies for LIHTC developments serving
elderly and/or special needs tenants, provide a listing of all developments serving these
specific populations for which you have completed market studies. This listing should include
the property name, property address, number of units and whether the development was
assisted with federal, state, or local funding.
Please note if you have a preference for a particular area/region of Virginia (i.e. Northern
Virginia, Hampton Roads, Central Virginia, Southwest Virginia, etc.). If there is no preference,
please note “All areas of Virginia” in your cover letter/summary.
For questions concerning this criteria or Virginia Housing Market Study Guidelines, in general,
contact Sheila Stone at (804) 343-5822 or via e-mail to: Sheila.Stone@virginiahousing.com.
B. 2021 Cost Limits
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page76
Rehab $ 312
NewConstruction $
390
Rehab $
180
NewConstruction $ 238
Rehab $
197
NewConstruction $
275
Rehab $
176
NewConstruction $
262
Rehab $
151
NewConstruction $
197
2021SquareFootCostLimits
Tocalculate:(TotalDevelopmentCost- LandandBuilding
AcquisitionCosts)/TotalFloorAreaSquareFootage
NorthernVAandSupportiveHousing
Northwest/NorthCentral
RichmondMSA
Tidewater
BalanceofState
C. Revitalization Area Information
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page78
Revitalization Area
General Instructions
Revitalization areas are defined in Virginia Code §36-55.30:2.A.
Designation
To qualify for revitalization area points, select one of the following (and provide adequate
documentation):
1. The development is located in a Qualified Census Tract, as defined by HUD. (10 points)
2. The development is located in a census tract wherein 70% or more of the families have incomes
which are ≤ 80% statewide median income. NOTE: These census tracts are included in the definition
of target area for single-family purposes, but do not include ACEDS. (10 points)
3. The development is located in an already established redevelopment area, conservation area or
rehabilitation district created by a city or county, pursuant to §36-1 et seq. Documentation must
show area boundaries and support that the development lies within those boundaries. (10 points)
4. The development is located in a Housing Rehabilitation Zone established through an ordinance
created by a city, county or town pursuant to §36-55.64. Documentation must include a copy of
the ordinance with support that the development lies within the Rehabilitation Zone. (15 points)
5. The development is located in a defined revitalization area. Documentation must include a
resolution from the locality supporting the development’s s location within the revitalization area.
See language below. (15 points)
The above-referenced development is located in a Revitalization Area in the
Town/City/County of _________________, Virginia. The revitalization area is (i) either (1)
blighted, deteriorated, deteriorating or, if not rehabilitated, likely to deteriorate by reason
that the buildings, improvements or other facilities in such area are subject to one or
more of the following conditions- dilapidation, obsolescence, overcrowding, inadequate
ventilation, light or sanitation, excessive land coverage, deleterious land use, or faulty or
otherwise inadequate design, quality or condition, or (2) the industrial, commercial or
other economic development of such area will benefit the city or county but such area
lacks the housing needed to induce manufacturing, industrial, commercial,
governmental, educational, entertainment, community development, healthcare or
nonprofit enterprises or undertakings to locate or remain in such area; and (ii) private
enterprise and investment are not reasonably expected, without assistance, to produce
the construction or rehabilitation of decent, safe and sanitary housing and supporting
facilities that will meet the needs of low and moderate income persons and families in
such area and will induce other persons and families to live within such area and thereby
create a desirable economic mix of residents in such area.
Delete the language that does not apply, (i)(1) or (i)(2) above.
6. The development is located in a Qualified Opportunity Zone and has a binding commitment
of funding. Documentation must include a firm commitment of funding from a Qualified
Opportunity Fund (QOF). Evidence of the self-certification to become a QOF must be
provided with the commitment for funding. (15 points)
D. Subsidized Funding Information
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page80
SubsidizedFundingClarification
Any(i)fundingsource,asevidencedbyabindingcommitmentorletterofintent,thatisusedto
reducethecreditrequest,(ii)acommitmenttodonateland,buildingsortapfeewaiversfrom
thelocalgovernment,or(iii)acommitmenttodonateland(includingabelowmarketrateland
lease)fromanentitythatisnotaprincipalintheapplicant(thedonorbeingthegranteeofa
rightoffirstrefusalorpurchaseoption,withnoownershipinterestintheapplicant,shallnot
makethedonoraprincipalintheapplicant).Loansmustbebelowmarket‐rate(the1‐year
LIBORrateatthetimeofcommitment)orcash‐flowonlytobeeligibleforpoints.Financing
fromtheAuthorityandmarketratepermanentfinancingsourcesarenoteligible.(Theamount
ofsuchfunding,dollarvalueoflocalsupport,orvalueofdonatedland(includingabelow
marketratelandlease)willbedeterminedbytheexecutivedirectoranddividedbythetotal
developmentcost.Theapplicantreceivestwopointsforeachpercentagepointuptoa
maximumof40points.)TheAuthoritywillconfirmreceiptofsuchsubsidizedfundingpriorto
theissuanceofIRSForm8609.
AnexistingRDloantransferredtoanewownerisnoteligibleforthesepoints.
All commitments must have supporting documentation.
Firmcommitment(s)forthefollowingfundingsourcesmustincludethefollowing:
1. Localgovernmentfunding‐documentationmustincludearesolutionpassedbythe
localityinwhichtheproposeddevelopmentistobelocatedcommittingsuchfinancial
supporttothedevelopmentinaformapprovedbyVirginia Housing
2. Localgovernmentdonations‐acommitmenttodonateland,buildingsortapfee
waivers
3. Donationofland,notfromalocalgovernment‐acommitmenttodonateland
(includingabelowmarketratelandlease)fromanentity(notalocalgovernment)that
isnotaprincipalintheapplicant(thedonorbeingthegranteeofarightoffirstrefusal
orpurchaseoption,withnoownershipinterestintheapplicant,shallnotmakethe
donoraprincipalintheapplicant).Thevalueofdonatedland(includingabelowmarket
ratelandlease)willbebasedonthemost recentlocalitytaxassessment.
Thecommitment/obligationmaycontainconditions,butonlywithinthecontroloforbased
upontheperformanceoftheborrower,notthebenefactor.
E. Brick Calculation
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page82
BrickCalculation
BrickorothersimilarlowmaintenancematerialapprovedbytheAuthoritycoveringtwenty‐fivepercent
(25%)orgreater,uptoandincludingeighty‐fivepercent(85%),oftheexteriorwallsofthedevelopment.
Forpurposesofmakingsuchcoveragecalculation,thetriangulargableendarea,doors,windows,knee
walls,columns,retainingwallsandanyfeaturesthatarenotapartofthefaçadeareexcludedfromthe
denominator.Communitybuildingsareincludedintheforegoingcoveragecalculation.(Zeropointsif
coverageislessthantwenty‐fivepercent(25%),10pointsifcoverageisatleasttwenty‐fivepercent
(25%)andanadditional15pointsisavailableonaslidingscaleifcoverageisgreaterthantwenty‐five
percent(25%)uptoandincludingeighty‐fivepercent(85%)coverage.Noadditionalpointsifcoverageis
greaterthaneighty‐fivepercent(85%).
Other Similar Low-Maintenance Material list
The below will only be allowed with a satisfactory drainage plan presented to Virginia Housing no later
than the pre-construction meeting:
• Natural Face Stone
• Natural Stone Veneer or other masonry can be used for up to 35% of the total building
F. Baseline Energy Efficiency Requirement
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page84
Baselinerequirementforalltax creditdevelopmentsinVirginia
Certification must be completed by athirdparty,independent,non‐affiliatedcertifiedRESNET
rater.All ratersmustsubmittotheowner,tobeincludedintheapplication,asignedVirginia
HousingRESNETRaterformandaHERSreportfromanenergyratingsoftwareprogramlisted
ontheNationalRegistryofAccreditedRatingSoftwarePrograms.Allraterscertifyinga
propertymustbeauthorizedtoconductbusinessinVirginia.
NewConstruction
MustbecomeEnergyStarCertifiedusingappropriateprogramfordevelopment as defined
annually by Energy Star‐ReservationapplicationwillincludetheVirginia
HousingRESNETCertificationand HERSreport.8609’swillnotbeissueduntiltheEnergyStar
CertificationispresentedtotheVirginia HousingTaxCreditAllocationDepartment.
Rehabilitation‐
30%performanceincreaseoverexisting,basedonHERSIndexor,mustevidenceaHERSIndex
of80orlower‐ReservationapplicationwillincludetheVirginia HousingRESNETCertificationand
HERSreport.8609’swillnotbeissueduntilanotarizedfinalVirginia HousingRESNETCertification
isreceived.
AdaptiveReuse‐
MustachieveaHERSIndexof95orlower.ReservationapplicationwillincludetheVirginia
HousingRESNET Certification and HERS report. 8609’s will not be issued until a notarized
final Virginia Housing RESNETCertificationisreceived.
Certified Provider list
Virginia Housing recognizes all providers listed on the National Registry of Accredited Rating
Providers. http://www.resnet.us/professional/programs/search_directory
NOTE: The HERS report should be completed for the whole development, and should show both
baseline HERS and expected target score at Reservation, not just 8609.
G. Green Certification Options and Amenity Item Clarification
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page86
AdditionalCertification‐Chooseone:Allrequirementsmustbeverifiedbyathirdpartyindependent
non‐affiliatedcertifiedRESNETrater,ratermustbelistedbyaproviderontheVirginia Housing
certifiedProviderlist.AllRatersmustsubmitwiththeapplicationasignedVirginia HousingRESNET
Raterform.AllraterscertifyingapropertyforVirginiaLIHTCmustbeauthorizedtoconductbusiness
inVirginiaandcertifiedtocompleteallinformationforchosenadditionalcertification.Chosen
certificationandnotarizedFinalVirginia HousingRESNETCertificationmustbereceivedpriorto
8609’sissuanceorpenaltieswillbeapplied.
1. LEEDCertification‐CertificationmustbepresentedtoVirginia Housing
2. EarthCraftCertificationGoldorabove‐CertificationmustbepresentedtoVirginia Housing
3. EnterpriseGreenCommunitiesCertification‐CertificationmustbepresentedtoVirginia
Housing
4. NationalGreenBuildingStandard‐Silverorabove‐Certificationmustbepresentedto
Virginia Housing
FuturePoints
Pointswillbeawardedtoadeveloperthatcanprovidecertificationformeetingoneofthefollowing.A
documentwillbeissuedtotheownerentityofthedevelopmenttobeusedinonefutureapplication.
Thedocumentisvalidfor3years and is non-transferrable.
1. PassiveHouse‐pointsforfutureapplicationsafterproofadevelopmenthasbecomePassive
Housecertified.
2. ZeroEnergyReadyHomes(ZERH)CertificationfromDepartmentofEnergy‐pointsforfuture
applicationafterproofadevelopmenthasreceivedtheZeroEnergyReadyhomescertification
fromDepartmentofEnergy.
EnergyEfficiencyBonusoptions
Dehumidificationoptions
Rehabonly‐Providededicatedspace,drainandelectricalhookupsforpossiblefuturepermanently
installeddehumidificationsystem.PrimaryapartmentHVACsystemdoesnotqualifyasa
dehumidificationsystem.Portabledehumidificationmodelsarenotpermitted.Equipmentmaynotbe
setinaprimarylivingspaceandmustbeconcealedinawallcavity(preferred)orasecondaryspacethat
easilycommunicatesairwiththerestoftheunit.
OR
AllDevelopmenttypes‐Eachapartmentisequippedwithapermanentdehumidificationsystem‐
Providepermanentlyinstalleddehumidificationsystemthatdoesnotrequiremanualdisposalof
condensation.Systemtoincludehumidistatcontrol.PrimaryapartmentHVACdoesnotqualifyasa
dehumidificationsystem.Portabledehumidificationmodelsarenotpermitted.Equipmentmaynotbe
setinaprimarylivingspace.Independentdehumidificationsystemsmustbeconcealedinawallcavity
(preferred)orasecondaryspacethateasilycommunicatesairwiththerestoftheunit.Abalanced,
whole‐buildingDedicatedOutdoorAirSystem(DOAS)withhumiditycontrolisacceptable.
WaterSenselabeledtoilets,faucetsandshowerheads‐Thesepointsareonlyavailabletothose
applicationsnotchoosinganadditionalcertification.Everyunitinthedevelopmentwillhave
bathroom(s)containingonlyWaterSenselabeledfaucets,showerheadsandtoilets.
Ineveryunit,allbathroomswillhaveeitherintermittentexhaustbyabathfanwithdelaytimerwiredto
theprimarylightorabathfanwithhumidistat,or,continuousexhaustbyanERVorDOAS.Unitsmay
havecombinationsbuteachbathroommusthaveitsownindividualexhaust.Usercontrolledinterfaces
arenotallowed
AmenityItemClarification
Intern
etServiceProvidedmustbe10Mbpsdownloadand3Mbpsupload
FreeindividualWi‐Fi‐Wi‐Fiinternetservicewillbeprovidedforallunits.Mustprovidearesident
interneteducationinformation,draftresidentacknowledgmentform,andinternetsecurityplanattime
ofapplication.Residenteducationandformmustbeincludedinallresidentfiles.
Broadband/high‐speedinternetservicewillbeprovidedforallunits.Mustprovidearesidentinternet
educationinformation,draftresidentacknowledgmentform,andinternetsecurityplanattimeof
application.Residenteducationandformmustbeincludedinallresidentfiles.
FreecommunityroomWi‐Firestrictedtodevelopmentresidents–Serviceisrequiredtohavearotating
passwordandonlyaccessibletoresidents.Applicationmustincluderesidentinterneteducation
information,draftresidentacknowledgmentformandinternetsecurityplanattimeofapplication.
Residenteducationinformationanddraftresidentacknowledgmentformmustbeincludedinall
residentfiles.
AdditionalpointItems:
SolidCoreDoors‐Allinteriord
oorswithinapartmentwillbesolidcore.Solidwooddoorswillmeetthis
requirement.
USBPorts‐Inallunits,minimumoneUSBchargingport,willbeprovidedinKitchen,Livingroomandall
bedrooms.
LEDKitchenLighting‐AllKitchenlightfixturesareLEDandwillmeettheMDCRlightingguidelines.
Outsideunitentryledge‐Shelforledgeoutsideeachunitentrydoorlocatedinaninteriorhallway.Must
havecapacitytohold50poundsormore.Sizeanddesignmustallowfortemporarystorageofitems,
mustincludehooksanddonotobstructaccessibleroute.Unitentryledgesmustbeat48”maximum
abovefinishedfloor.
Balconies‐NewConstructiononly‐Eachunitwillhavebalconyorpatiowithaminimumdepth5’clear
fromthefaceofbuilding.Minimum30squarefeetcleararea.Allbalconiesaretofollowapplicable
accessibilitystandards.
FireSuppression–Allunitkitchenstoincludeovertherangefiresuppressionfeaturessuchascanisters,
etc.
FirePrevention–AllunitswillhaverangestobecertifiedtoUL858standardsorfeatureslimitingthe
highendtemperatureofthestovetopbelowtheauto‐ignitionpointofmostcookingoils.
H. Developer Fee and Deferred Developer Fee Guidelines
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page90
DeferredDeveloperFeeRequirements
Theapplicationmustincludetheproposeddeferreddeveloperfeeloanamount.Ifmorethan
50%ofthedeveloperfeeisbeingdeferred,provide evidencethepropertycansupport
repaymentwithin15yearsinthecashflowanalysis.Documentationmustbeprovidedclearly
showingthedeferreddeveloperfeeisbonafidedebt;thismayincludeaNoteorother
documentationasapprovedbytheAuthorityand will be accepted upto8609 issuance.
DeveloperFeeRequirements
Themaximumallowabledeveloperfeeamountsarean‘up‐to’amount.Ifdocumentation
cannotbeprovidedtosupportrequestingthemaximumamountallowable,theamountof
developerfeeinbasismaybereduced.The developer fee may be reduced if it is an outlier for
services provided. The fee amount cannot increase after Reservation without prior approval.
Applicantsmustprovideadraftdevelopmentfeeagreementwiththereservationapplication.
Thefinalversionoftheagreementisduewiththe8609application.Thedevelopmentfee
agreementmustclearlystatewhatservicesthefeeisfunding.Ifservicesareincludedthatare
notallowableinbasis,thefeeinbasismaybereduced.Supportingdocumentationtospecify
thebreakdownofthefeeforservicesispreferable.
I. Accessible Supportive Housing Pool Requirements
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page92
AccessibleSupportiveHousing(ASH)Guidelines
TheASHpoolapplicationsarenowduewiththe9%competitiveround.Youmustensurethe
applicationisreceivedpriortothecompetitive deadlinesetinthemanual.Thecreditsinthis
poolwillcontinuetobeaforwardallocationanddealscompetingandwinningcreditsfromthis
poolwillreceiveaCarryforwardthefollowingyear.
Ownershipstructuremustdemonstratecapacityforservice-enrichedhousingthroughaCORES
certificationorotherpre‐approvedsource.COREScertifiesthreemodelsofservice-enriched
housinganda certification under anyofthethreemodelsfulfillsthisrequirement.Ifyouplanto
provideadifferentcertificationyouwillneedtosubmitittothetaxcreditallocationdepartment
atleast30dayspriortotheapplicationdeadlineforreviewandpossibleapproval.
TheASHapplicationmustincludetheVirginia HousingPermanentSupportiveHousing
certification.ItmustbesignedbytheOwnerandtheidentifiedserviceproviderorbesignedby
theOwnerandhaveanaccompanyingMOUwithaserviceprovider.
Aminimumof15%oftheunitsmustconformtoHUDregulationsinterpretingtheaccessibility
requirementsofsection504oftheRehabilitationActandbeactivelymarketedtopeoplewith
disabilitiesinaccordancewithaplansubmittedaspartoftheapplicationforcredits.Also,the
applicationmustincludedocumentationofabindingformofrentalassistanceinorderto
ensureoccupancybyextremelylow‐incomepersons.
If the applicant does not meet the minimum requirements in the ASH Pool or there are not
enough credits to fully fund all developments, the developments notreceivinganawardof
creditsfromtheASHpoolwillautomaticallycompeteintheapplicablegeographicpool.
J. General Contractor Cost Certification Guidelines
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page94
VirginiaHousing
CostCertification
PreparationGuideline
TaxCreditProgram
COSTCERTIFICATIONPREPARATIONGUIDELINE
PURPOSE
ThisGuidesetsforth(a)thestandardstobefollowedinthepreparationofCostCertifications and inthe
conduct
oftheaudits,and(b)theminimum
scopeofauditandreportformatacceptable
toTheVirginiaHousingDevelopmentAuthority.Itdoesnotprovidedetailed auditproceduresnor
is it
intended to supplant the Certified Public Accountants’ (CPA) judgment as to the work
required.This Guideisapplicabletoauditsof GeneralContractors’andLIHTC costcertifications as
requiredfordevelopmentsreceivingLow‐IncomeHousingTaxCredits(LIHTCs).
Thepurposeofthecostcertificationistoestablishthetotalcostsincurredbythecontractorand
theLIHTC recipient to complete the development so that Virginia Housing may determine
thefinal amountoftheannualallocationofLIHTCsforthedevelopment.
The cost certification audits must be completed by an independent, third party Certified Public
Accountant(“CPA”)whoisfamiliarwiththerequirementsofSection42oftheInternalRevenueCode.
BecauseofthecomplexityoftherulesgoverningtheLIHTCprogram,allparticipants areurgedto seek
appropriatelegalandaccountingadviceregardingconstruction‐relatedmatters.
I. Requirements
AlldevelopmentscontainingLIHTC’s,arerequiredtocompleteGeneral Contractor’sand
LIHTCCostCertificationsaccompaniedbythe8609Application.
TheContractor'sandLIHTCCostCertificationsmustbepreparedbyanindependent,third‐partyCPA.
The certifications must be prepared in accordance with Generally Accepted Accounting Standards,
Generally Accepted Government Audit Standards, and audit standards acceptable to the American
Institute of Certified Public Accountants. The certifications must be accompanied by an Independent
Auditor’sReport,includingtheunqualifiedopinionoftheCPA.
The Cost Certifications completed by the CPAs must be submitted on the forms provided by
Virginia Housinginthe8609Application.TheCPA’scostcertificationshouldfollow the General
Contractor’s
and theLIHTCCost CertificationWorksheetlineitems
to eliminatedelaysinthereviewofthe costcertification.Variation to
thisformatmayresultinthereturnandrequiredre‐submissionof the cost certification. The
Building by Building Information she
et is to be completed in 8609 Application.
TheGeneralContractor’sCostCertificationshallnotbepreparedbythesameCPApreparingthe
LI
HTCCostCertification.
ItisacceptableforthesameCPAfirmtopreparebothcertifications as long
asdifferentaccountantsarepreparingthem.
II. ELIGIBLECOSTS
Eligiblecostsarethoseapprovedcoststhathavebeenorwillbeincurredwithin120daysafter
thedateofSubstantialCompletion.Intheeventthattheprojectisfinancedinwholeorin
partwiththeproceedsoftaxexemptbondsissuedpursuanttoSection142oftheIRC,certain
restrictionsandlimitationsapplywithrespecttothecostsortheportionsthereofwhichare
includableinthetotaldevelopmentcost.Suchrestrictionsandlimitationsshallcontrolinthe
eventofanyconflictorinconsistencywithanyotherprovisionsofthisGuide.
Eligiblecostsmayincludeallcostspaidincashunderthetermsof theconstructioncontract.
The contract price may be amended for approval change orders, and reduced for liquidated
damagesasrequiredbythecontract.Inaddition,eligiblecostsmayincludevariousFees,Finance
and Carrying Charges, and other cost categories as identified in the most recent approved
Development Budget.
Totaldevelopmentcostsmayinclude but are not limited to:
Constructioncosts
Architectfees
Professionalfees,suchaslegalandaccounting,appraisalandmarketstudy,engineeringand
survey
Furnitureandequipment
Constructionperiodinterestandfees
Financingexpenses,includingloanapplicationfees,loanoriginationfees,andmortgage
Insurancepremium
TaxCreditallocationandmonitoringfees
Compliancemonitoringfee
Rent‐upexpenses
Relocationexpenses
Contingencies,eitherforconstructionorsoftcosts
III. ELIGIBLEBASIS
Eligiblebasisisthecostofnewconstruction,acquisitionofexistingpropertyandthecostofany
improvementstothatproperty(JointCommitteeReportontheLIHTC).
Eligiblebasismayinclude:
• BuildingAcquisition
• LocalImpactFees
• ConstructionCosts
• SoftCosts:architect,legal,permitting,clerkoftheworks,survey,etc.
• Refrigerators,stoves,airconditioners
• Parkinglots,roads“closelyassociated”withtheuseofthebuilding
• Gradingandlandscaping“closelyassociated”withtheuseofthebuilding
• Capitalizedinterestincludingamortizationofloancosts
• DeveloperFees
• Amenities(swimmingpool/recreationalfacilities)
Eligiblebasisdoesnotinclude:
Costofland
Loancostsandfees(unlessrelatedtoconstructionloans)
StateHousingComplianceFees
Marketing/Advertising
OperatingExpensesduringconstruction
Reserves
Parking,roads,grading,andnotintegraltothebuilding
Landscapingnotadjacenttothebuilding(treesalongpropertylinenoteligible)
Rent‐upCosts
Relocation
Organizationandsyndicationcosts
Developmentsfeesallocabletolandacquisitionandotherin‐eligibleprojectcosts
ConstructionContingency(contingencyshouldbereclassifiedbyclienttoactualcategory)
Theabovelistisnotexhaustiveandwillbereviewedonacasebycasebasisinaccordancewith
Section42oftheIRC.
IV. 8609Application/CostCertificationProcess
No more than 180 da
ys after
construction completion of the last building the 8609 Applicationmust
besubmittedalongwithsupportingdocumentation,LIHTCandContractorsCostCertification.
ConsistentwithSection42(m)(2)oftheInternalRevenueCodeandindustrybestpractices,Virginia
HousinglimitstheawardofLIHTCandotherStatecontrolledresourcestothefundinggapnecessaryto
makeatransactionviable.EvenifaspecificlineitemisnotbeingpaidwithLIHTCequityorVirginia
Housing funds,anyexcessivecost,regardlessofthesourceoffinancing,increasesthegapand affects
the public subsidy needed by a transaction. As a result, Virginia
Housingreservestherighttorequirea justificationofanydevelopmentcostlineitem.
TheseGuidelinesaretobeincorporatedintotheVirginia HousingLIHTCTaxCredit Manual, asamended.
V. GeneralContractor’sCostCertificationInstructions
ForeachConstructionitemtheCPAmustsubmitascheduleof costs,whichincludesmoniespaid to
vendor(s),aswellasgeneralrequirements,builder’soverheadandprofit,buildingpermitand
otherfees,bondpremiumcostsandanyapprovedchangeorders (ifapplicable).Thecertification should
includecostdeterminationsforconstructioncostsassociatedwiththedevelopmentincludingdesignated
punchlistitemsandallowancesforseasonalwork.
TheGeneralContractor’sCostCertificationmustfollowtheGeneralContractor’sCostCertification
WorksheetForm.TheCertificationmustbesignedbytheGeneralContractor/ConstructionManagerand
thesignaturemustbenotarized.TheCertificationmustbesubmittedwiththe8609Applicationasa
mandatoryitem.
VERSION1.2019
VHDADeal#
VHDANumber: Owner:
DealName: Contractor:
Location:
GROUP COST
NAMEOFSUB‐
CONTRACTOR
02 $0
03 $0
04 $0
05 $0
06 $0
07 $0
08 $0
09 $0
10 $0
11 $0
12 $0
13 $0
14 $0
21 $0
22 $0
23 $0
26 $0
27 Communications $0
28 Electronic,SafetyandSecurity $0
91 $0
92 $0
93 $0
$0
31 $0
32 $0
33 $0
94 $0
$0
$0 BondPremiums $0
$0 TapFees $0
$0 BuildingPermits $0
$0 SoilBorings $0
$0 TotalContractAmount $0
$0
Date: By:
Date: By:
CERTIFIEDPUBLICACCOUNTANT
TOTALFORALLIMPROVEMENTS
CONTRACTOR
PROFIT
TOTALLANDIMPROVEMENTS
* =ProvideDetail
TOTALSTRUCTUREAND
LANDIMPROVEMENTS
GENERALREQUIREMENTS
SUBTOTAL
OVERHEAD
ExteriorImprovements
SiteUtilities
Other*(editableasneededbyDeal)
Other*(editableasneededbyDeal)
TOTALSTRUCTURES
Earthwork
Electrical
Other*(editableasneededbyDeal)
Other*(editableasneededbyDeal)
FireProtection
Plumbing
Heating,VentilationandAC
Furnishings
SpecialConstruction
ConveyingEquipment
Finishes
Specialties
Equipment
Woods,PlasticsandComposites
ThermalandMoistureProtection
Openings
Concrete
Masonry
Metals
VirginiaHousing
GeneralContractor'sCostCertificationWorksheet
TRADEITEM DESCRIPTION
ExistingConditions
K. Credit Refresh Process
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page101
CreditRefreshProcess
Requestsmustbemadeusingthe Virginia HousingChangeRequestform.
Requests can only be made for developments that have met their 10% test, unless you received a prior
approval through a Change Request. Requestswillbeprocessed September 1 through September
30, however, you may notify Virginia Housing of intent to request at any time. The Consent to
Cancel must beformalizedbyNovember1.
Principalsofanyapplicantrequestingarefreshofcreditswillnotbeeligibletoapplyforcreditsinthe
followingyear’scompetitiveroundandwillwaivetheirrighttopursueaQualifiedContract.
Creditsthatarerefreshedwillbeissuedforcurrentyearcredits(ifrequestismadeinSeptember2021,
then2021creditswillbeissued).
L. Income Averaging
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page103
Note: Income Averaging changes may be reflected by time of
placed in service
, as a result of IRS guidance or requirements.
IncomeAveragingGuidelines
Aminimumof20%oftheunitsmustbeoccupiedbyhouseholdswithincomesatorbelow50%ofthe
areamediangrossincome(AMGI),asadjustedforfamilysize;OR,aminimumof40%oftheunitsmust
beoccupiedbyhouseholds,withincomesatorbelow60%oftheAMGI,adjustedforfamilysize;OR,
undertheAverageIncomeTest,fortypercent(40%)ormore(25%ormoreinthecaseofaproject
describedinSection142(d)(6))oftheresidentialunitsintheprojectmustbebothrentrestrictedand
occupiedbyindividualswhoseincomedoesnotexceedtheimputedincomelimitationdesignatedby
thetaxpayerwithrespecttotherespectiveunit.Theaverageoftheimputedincomelimitations
designatedmustnotbemorethan60%oftheareamediangrossincome.Thedesignatedimputed
incomelimitationofaunitcanonlybe20%,30%,40%,50%,60%,70%,or80%oftheareamediangross
incomeandmustbeasdesignatedwithVirginia Housinginwriting.Thedevelopmentmustcomplywith
thesei
ncomerestrictionswithin12monthsoftheplaced‐in‐servicedate(slightvariationsapplywhena
developmenthasmorethanonebuilding).Thisiscommonlyreferredtoasthe“20‐50”,“40‐60”,or
“AverageIncome”test.
Incomeaveragingispermittedforallfuturedevelopments.Projectsalreadyapprovedforfundingwillbe
reviewedonacasebycasebasis.Thefollowingareminimumrequirementsforselectingincome
averaging:
100%LowIncome–NoMar
ketUnits
Line8bofthe8609formmustbeselectedforMultipleBuildingElection
InitialUnitMixShowingtheAverageSet‐Asidemustbeprovided
FordealsthatwerefundedpriortoJanuary1,2019,theOwnermustforfeittherighttopursue
aQualifiedContract
AssignedUnitSetAsidesMustFloat
MustHaveaReasonableDistributionofSet‐AsidesAcrossAllUnitSizes
TaxCreditDevelopmentsintheExtendedUseperiodmayelectthisminimumset‐asidebuttheexisting
EUAwillnotbeterminatedoramended.
Therewillbenocompliancemonitoringchangetothefollowing:
• Virginia Housingauditcycleorsamplesize
• 100%taxcreditpropertiesmustcompleteonefullannualcertification
• TaxExemptBondminimumset‐asiderequirementswhencombinedwithtaxcredits
An Average Income Memo and Video Playlist with guidance is posted on the Virginia Housing website.
M. Rules of Ranking
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page105
Forward
allocated
N. Compliance Monitoring
Virginia HousingLowIncomeHousingTaxCreditManual Version:2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page107
Compliance Monitoring
The federal Low-Income Housing Tax Credit (LIHTC) Program is sponsored by the U.S.
Treasury Department and administered in Virginia through Virginia Housing. The
program is authorized under Section 42 of the Internal Revenue Code of 1986 to
encourage development of affordable rental housing by providing property owners
with federal income tax credit. VHDA’s Compliance department monitors properties
that have received LIHTC by periodically reviewing that qualified units provide safe,
decent and affordable housing and that eligible renters occupy these units.
To maintain qualified tax credits, in addition to other program requirements (we
strongly encourage owners to review Section 42 of the IRS Code and their Extended
Use Agreement for specific eligibility requirements), owners must meet the general
guidelines listed below:
Income Restrictions
A minimum of 20% of the units must be occupied by households with incomes at or
below 50% of the area median gross income (AMGI), as adjusted for family size; OR, a
minimum of 40% of the units must be occupied by households, with incomes at or
below 60% of the AMGI, adjusted for family size; OR, under the Average Income Test,
forty percent (40%) or more (25% or more in the case of a project described in Section
142(d)(6)) of the residential units in the project must be both rent restricted and
occupied by individuals whose income does not exceed the imputed income limitation
designated by the taxpayer with respect to the respective unit. The average of the
imputed income limitations designated must not be more than 60% of the area median
gross income. The designated imputed income limitation of a unit can only be 20%,
30%, 40%, 50%, 60%, 70%, or 80% of the area median gross income and must be as
designated with Virginia Housing in writing. The development must comply with these
income restrictions within 12 months of the placed-in-service date (slight variations
apply when a development has more than one building). This is commonly referred to
as the “20-50”, “40-60”, or “Average Income” test.
Rent Restrictions
Rents on qualified tax credit units are restricted. Maximum allowable rent is based on
the number of bedrooms and AMI as established annually by HUD. If a household pays
for utilities, the maximum rent must be adjusted by the applicable utility allowance.
O. Previous Participation Certification
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page109
Previous Participation Certification Instructions
2021
General Instructions:
The following certification:
Must be completed, regardless of any principal's inclusion on the Developer
Experience List.
Must be signed by an individual who is, or is authorized to act on behalf of, the
Controlling General Partner (if LP) or Managing Member (if LLC) of the Applicant,
as designated in the partnership agreement. Virginia Housing will accept an
authorization document, which gives signatory authorization to sign on behalf of
the principals.
Must be dated no more than 30 days prior to submission of the LIHTC Application.
Definitions:
Development - the proposed multifamily rental housing development
Participants - the principals who will participate in the ownership of the development
Principal - any person (including any individual, joint venture, partnership, limited liability
company, corporation, nonprofit organization, trust, or any other public or private
entity) that (i) with respect to the proposed development, will own or participate in the
ownership of the proposed development or (ii) with respect to an existing multifamily
rental property, has owned or participated in the ownership of such property, all as
more fully described herein below. The person who is the owner of the proposed
development or multifamily rental property is considered a principal. In determining
whether any other person is a principal, the following guidelines shall govern:
In the case of a partnership which is a principal (whether as the owner or
otherwise), all general partners are also considered principals, regardless of the
percentage interest of the general partner;
In the case of a public or private corporation or organization or governmental
entity that is a principal (whether as the owner or otherwise), principals also
include the president, vice president, secretary, and treasurer and other officers
who are directly responsible to the board of directors or any equivalent governing
body, as well as all directors or other members of the governing body and any
stockholder having a 25% or more interest;
In the case of a limited liability company (LLC) that is a principal (whether as the
owner or otherwise), all members are also considered principals, regardless of the
percentage interest of the member;
In the case of a trust that is a principal (whether as the owner or otherwise), all
persons having a 25% or more beneficial ownership interest in the assets of such
trust;
In the case of any other person that is a principal (whether as the owner or
otherwise), all persons having a 25% or more ownership interest in such other
person are also considered principals; and
Instructions, cont’d
2021
Any person that directly or indirectly controls, or has the power to control, a
principal shall also be considered a principal.
Please follow guidelines below for listing principals.
• If the owner is a partnership, list the names of all GPs, regardless of % interest in
the General Partnership
• If the owner is an LLC, list the names of all members regardless of % interest
• If the owner is a Corporation (public or private), Organization or Governmental
Entity, list the names of officers who are directly responsible to the Board of
Directors (or equivalent) and any stockholder having a 25% or more interest
• If the owner is a Trust, list the names of all persons having a 25% or more beneficial
ownership interest in the assets of the trust
• If the owner is an Individual, list the name of anyone having a 25% or more
ownership interest of the named individual
If none of the above applies, list the name of any person that directly or indirectly
controls or has the power to control a principal.
If you have any questions, please call the Tax Credit Allocation Department at
(804) 343-5518.
2021 P a g e | 1 of 2
Previous Participation Certification
Development Name:
Name of Applicant (entity):
I hereby certify that:
1. All the statements made by me are true, complete and correct to the best of my
knowledge and belief and are made in good faith, including the data contained
in Schedule A and any statements attached to this certification.
2. During any time that any of the participants were principals in any multifamily
rental property, no property has been foreclosed upon, in default or assigned to
the mortgage insurer (governmental or private); nor has mortgage relief by the
mortgagee been given;
3. During any time that any of the participants were principals in any multifamily
rental property, there has not been any breach by the owner of any agreements
relating to the construction or rehabilitation, use, operation, management or
disposition of the property, including removal from a partnership;
4. That at no time have any principals listed in this certification been required to turn
in a property to the investor or have been removed from a multifamily rental
property ownership structure;
5. That to the best of my knowledge, there are no unresolved findings raised as a
result of state or federal audits, management reviews or other governmental
investigations concerning any multifamily rental property in which any of the
participants were principals;
6. During any time that any of the participants were principals in any multifamily
rental property, there has not been a suspension or termination of payments under
any state or federal assistance contract for the property;
7. None of the participants has been convicted of a felony and is not presently, to
my knowledge, the subject of a complaint or indictment charging a felony. A
felony is defined as any offense punishable by imprisonment for a term exceeding
one year, but does not include any offense classified as a misdemeanor under the
laws of a state and punishable by imprisonment of two years or less;
8. None of the participants has been suspended, debarred or otherwise restricted by
any federal or state governmental entity from doing business with such
governmental entity; and
Previous Participation Certification, cont’d
2021 P a g e | 2 o f 2
9. None of the participants has defaulted on an obligation covered by a surety or
performance bond and has not been the subject of a claim under an employee
fidelity bond.
10. None of the participants is a Virginia Housing employee or a member of the
immediate household of any of its employees.
11. None of the participants is participating in the ownership of a multifamily rental
housing property as of this date on which construction has stopped for a period in
excess of 20 days or, in the case of a multifamily rental housing property assisted
by any federal or state governmental entity, which has been substantially
completed for more than 90 days but for which requisite documents for closing,
such as the final cost certification, have not been filed with such governmental
entity.
12. None of the participants has been found by any federal or state governmental
entity or court to be in noncompliance with any applicable civil rights, equal
employment opportunity or fair housing laws or regulations.
13. None of the participants was a principal in any multifamily rental property which
has been found by any federal or state governmental entity or court to have
failed to comply with Section 42 of the Internal Revenue Code of 1986, as
amended, during the period of time in which the participant was a principal in
such property. This does not refer to corrected 8823's.
14. None of the participants is currently named as a defendant in a civil lawsuit arising
out of their ownership or other participation in a multi-family housing development
where the amount of damages sought by plaintiffs (i.e., the ad damnum clause)
exceeds One Million Dollars ($1,000,000).
15. None of the participants has pursued a Qualified Contract or planned foreclosure
in Virginia after January 1, 2019.
Statements above (if any) to which I cannot certify have been deleted by striking through
the words. In the case of any such deletion, I have attached a true and accurate
statement to explain the relevant facts and circumstances.
Failure to disclose information about properties which have been found to be out of
complianc
e or any material misrepresentations are grounds for rejection of an application
and prohibition against future applications.
Signature
Printed Name
Date (no more than 30 days prior to submission of the Application)
P. Site Control Documentation
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page114
SiteControlDocumentation
Sitecontroldocumentationmustbeinoneofthefollowingforms:
• Solefeesimpleownershipofthesiteoftheproposeddevelopmentbythe
applicant, OR
• Leaseofsuchsitebytheapplicantforatermexceedingthecomplianceperiod
(asdefinedintheIRC)orforsuchlongerperiodastheapplicantrepresentsin
theapplicationthatthedevelopmentwillbeheldforoccupancybylow‐income
personsorfamilies,OR
• Righttoacquireorleasesuchsitepursuanttoavalidandbindingwrittenoption
orcontractbetweentheapplicantandthefeesimpleownerofsuchsite.
Theoptionorcontractshallhavenoconditionswithinthediscretion orcontrolofthe
siteowner.Anycontractfortheacquisitionofasitewithexistingresidentialproperty
maynotrequireanemptybuildingasaconditionofsuchcontract,unlessrelocation
assistanceisprovidedtodisplacedhouseholds,atsuchlevelrequiredbyVirginia
Housing.PleaserefertotheVirginia HousingRelocationAssistanceGuidelines.
InthecaseofacquisitionandrehabilitationofdevelopmentsfundedbyRural
DevelopmentoftheU.S.DepartmentofAgriculture(“RuralDevelopment”),anysite
controldocumentsubjecttoapprovalofthepartnersofthesellerdoesnotneedtobe
approvedbyallpartnersofthesellerifthegeneralpartnerofthesellerexecutingthe
sitecontroldocumentprovides(i)anattorney’sopinionthatsuchgeneralpartnerhas
theauthoritytoenterintothesitecontroldocumentandsuchdocumentisbindingon
theselleror(ii)aletterfromtheexistingsyndicatorindicatingawillingnesstosecure
thenecessarypartnerapprovalsuponthereservationofcredits.
If the site control document does not clearly state the price but rather 'an assumption
of outstanding debt', documentation must be provided to show the value of the
outstanding debt.
Q. RESNET Rater Certification
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:02/02/2021Page116
Appendix F
RESNET Rater Certification of Development Plans
I certify that the development’s plans and specifications incorporate all items for the required baseline
energy perfomance as indicated in Virginia's Qualified Allocation Plan (QAP).
In the event the plans and specifications do not include requirements to
meet the QAP baseline energy performance, then those requirements still must be met,
even though the application is accepted for credits.
***Please note that this may cause the Application to be ineligible for credits. The Requirements
apply to any new, adaptive reuse or rehabilitated development (including those serving elderly
and/or physically disabled households).
In addition provide HERS rating documention as specified in the manual
New Construction - EnergyStar Certification
The development's design meets the criteria for the EnergyStar certification.
Rater understands that before issuance of IRS Form 8609, applicant will obtain and
provide EnergyStar Certification to VHDA.
Rehabilitation -30% performance increase over existing, based on HERS Index
Or
Must evidence a HERS Index of 80 or better
Rater understands that before issuance of IRS Form 8609, rater must provide
Certification to VHDA of energy performance.
Adaptive Reuse -
Must evidence a HERS Index of 95 or better.
Rater understands that before issuance of IRS Form 8609, rater must provide
Certification to VHDA of energy performance.
Additional Optional Certifications
I certify that the development’s plans and specifications
incorporate all items for the certification as indicated below, and I am a certified verifier
of said certification. In the event the plans and specifications do not
include requirements to obtain the certification, then those requirements still must be met,
even though the application is accepted for credits. Rater understands that before issuance of
IRS Form 8609, applicant will obtain and provide Certification to VHDA.
FALSE
Earthcraft Certification - The development's design meets the criteria to obtain
EarthCraft Multifamily program Gold certification or higher
FALSE
LEED Certification - The development's design meets the criteria for the U.S.
Green Building Council LEED green building certification.
FALSE
National Green Building Standard (NGBS) -
The development's design meets the criteria
for meeting the NGBS Silver or higher standards to obtain certification
FALSE
Enterprise Green Communities - The developmen's design meets the criteria for meeting
meeting the requirements as stated in the Enterprise Green Communities Criteria for this
developments construction type to obtain certification.
***Please Note Raters must have completed 500+ ratings in order to certify this form
Signed:
Date: Printed Name:
Resnet Provider Agency
Signature
Provider Contact and Phone/Email
RESNET Rater
FinalRESNETRate CertificationofDevelopment
Icertifythatthedevelopmentincorporatesallitemsfortherequiredbaseline
energyperformanceasindicatedinVirginia'sQualifiedAllocationPlan(QAP).
Icertifythattheenergydataenteredintoanysystemwasnotenteredinbyanotherparty.
Icertifythedevelopmenthasobtainedthemeasurementasindicatedbelow.
InadditionprovideHERSratingdocumentionasspecifiedinthemanual
NewConstruction‐EnergyStarCertification
Thedevelopment'sdesignmeetsthecriteriafortheEnergyStarcertification.
Rehabilitation‐30%performanceincreaseoverexisng,basedonHERSIndex
OrMustevidence
aHERSIndexof80orbetter
BeginningHERSrating
FinalHERSrating
AdaptiveReuse‐MustevidenceaHERSIndexof95orbetter.
AdditionalOptionalCertifications
Icertifythedevelopmenthasmetalltherequirementsofthecertificationchosenbelowand
alldatawasnotenteredorsubmittedbyanotherparty
level
EarthcraftCertification
Thedevelopment hasobtainedtheEarthCraftCertificationof
LEEDCertification level
ThedevelopmenthasobtainedtheGreenBuildingCouncilLEEDcertification.
NationalGreenBuildingStandard(NGBS)‐
ThedevelopmenthasbeencertifedtotheNGBSstandardsandreceivedcertification
level
EnterpriseGreenCommunities
ThedevelopmenthasbeencertifiedasanEnterpriseGreenCommunity
Date: Signed:
PrintedName:
My notary seal is affixed below:
Signature
The foregoing instrument was acknowledged before me this ____day of _____________, 20____
by_______________________________(Name)
Notary Public: ______________________ My commission expires: __________
My notary registration number is: __________
RESNETRater
R. Attorney’s Opinion
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia Housing LIHTCProgram LastModified:12/14/2020Page119
Attorney’s Opinion Letter
2021
General Instructions:
1. This Opinion must be included with application.
2. This Opinion must be submitted under law firm's letterhead.
3. Any changes to this form, other than filling in blanks or making the
appropriate selections in bracketed language, must be accompanied by a
black-lined version indicating all additional changes to the opinion. Altered
opinions are subject to acceptance by the Authority and must be approved
prior to the application deadline. Submit the approval with the changes
indicated with the final Attorney's Opinion.
4. Be aware that there is a 9% version and a Tax Exempt version. The Tax
Exempt version is noted in the footer. Be sure to use the correct version or the
application may be subject to a penalty.
If you have any questions, please call the Tax Credit Allocation Department at (804)
343-5518.
[Type text]
2021
DATE (Must be on or after the application date below)
TO:
RE:
Virginia Housing Development Authority
601 South Belvidere Street
Richmond, Virginia 23220-6500
2021 Tax Credit Reservation Request
Name of Development:
Name of Owner:
Gentlemen:
This undersigned firm represents the above-referenced Owner as its counsel. It has received a copy of
and has reviewed the completed application package dated
(of which this opinion is a part)
(the "Application") submitted to you for the purpose of requesting, in connection with the captioned Development,
a reservation of low income housing tax credits ("Credits") available under Section 42 of the Internal Revenue Code
of 1986, as amended (the "Code"). It has also reviewed Section 42 of the Code, the regulations issued pursuant
thereto and such other binding authority as it believes to be applicable to the issuance hereof (the regulations and
binding authority hereinafter collectively referred to as the “Regulations").
Based upon the foregoing reviews and upon due investigation of such matters as it deems necessary in
order to render this opinion, but without expressing any opinion as to either the reasonableness of the estimated or
projected figures or the veracity or accuracy of the factual representations set forth in the Application, the
undersigned is of the opinion that:
1. It is more likely than not that the inclusion in eligible basis of the Development of such cost items or
portions thereof, as set forth in Parts VIII and IX of the Application form, complies with all applicable
requirements of the Code and Regulations.
2. The calculations (a) of the Maximum Allowable Credit available under the Code with respect to the
Development in Part VIII of the Application form and (b) of the Estimated Qualified Basis of each
building in the Development in Part IX of the Application form comply with all applicable
requirements of the Code and regulations, including the selection of credit type implicit in such
calculations.
3. The appropriate type(s) of allocation(s) have been requested in Subpart I-D of the Application form.
4. The information set forth in Subpart VII-C of the Application form as to proposed rents satisfies all
applicable requirements of the Code and Regulations.
5. The site of the captioned Development is controlled by the Owner, as identified in Subpart II-A of the
Application, for a period of not less than four (4) months beyond the application deadline.
ATTORNEY’S OPINION LETTER, continued
2021
6. [Delete if inapplicable] The type of the nonprofit organization involved in the Development is an
organization described in Code Section 501(c)(3) or 501(c)(4) and exempt from taxation under Code
Section 501(a), whose purposes include the fostering of low-income housing.
7. [Delete if inapplicable] The nonprofit organizations' ownership interest in the development is as
described in Subpart II-D of the Application form.
8. [Delete if inapplicable] It is more likely than not that the representations made under Subpart I-F of the
Application form as to the Development's compliance with or exception to the Code's minimum
expenditure requirements for rehabilitation projects are correct.
9. [Delete if inapplicable] After reasonable investigation, the undersigned has no reason to believe that
the representations made under Subpart I-E of the Application form as to the Development's
compliance with or eligibility for exception to the ten-year "look-back rule" requirement of Code
§42(d)(2)(B) are not correct.
Finally, the undersigned is of the opinion that, if all information and representations contained in the
Application and all current law were to remain unchanged, upon compliance by the Owner with the requirements of
Code Section 42(h)(1)(E), the Owner would be eligible under the applicable provisions of the Code and the
Regulations to an allocation of Credits in the amount(s) requested in the Application.
This opinion is rendered solely for the purpose of inducing the Virginia Housing Development Authority
("VHDA") to issue a reservation of Credits to the Owner. Accordingly, it may be relied upon only by VHDA and
may not be relied upon by any other party for any other purpose.
This opinion was not prepared in accordance with the requirements of Treasury Department
Circular No. 230. Accordingly, it may not be relied upon for the purpose of avoiding U.S. Federal tax
penalties or to support the promotion or marketing of the transaction or matters addressed herein.
Firm Name
By:
Its:
(Title)
2021 - Tax-Exempt
Attorney’s Opinion Letter
(This Form Must Be Included With Application - TAB W)
(This Opinion Must Be Submitted Under Law Firm's Letterhead - Any changes to the form of opinion
other than filing in blanks or making the appropriate selections in bracketed language must be
accompanied by a black-lined version indicating all additional changes to the opinion. Altered opinions
will still be subject to acceptance by the Authority)
DATE
TO:
RE:
Virginia Housing Development Authority
601 South Belvidere Street
Richmond, Virginia 23220
2021 Tax Credit Reservation Request
Name of Development:
Name of Owner:
Gentlemen:
This undersigned firm represents the above-referenced Owner as its counsel. It has received a copy of
and has reviewed the completed application package dated
(of which this opinion is a part)
(the "Application") submitted to you for the purpose of requesting, in connection with the captioned
Development, a reservation of low income housing tax credits ("Credits") available under Section 42 of the
Internal Revenue Code of 1986, as amended (the "Code"). It has also reviewed Section 42 of the Code, the
regulations issued pursuant thereto and such other binding authority as it believes to be applicable to the issuance
hereof (the regulations and binding authority hereinafter collectively referred to as the “Regulations").
Based upon the foregoing reviews and upon due investigation of such matters as it deems necessary in
order to render this opinion, but without expressing any opinion as to either the reasonableness of the estimated or
projected figures or the veracity or accuracy of the factual representations set forth in the Application, the
undersigned is of the opinion that:
1. It is more likely than not that the inclusion in eligible basis of the Development of such cost
items or portions thereof, as set forth in Parts VIII and IX of the Application form, complies
with all applicable requirements of the Code and Regulations.
2. The calculations (a) of the Maximum Allowable Credit available under the Code with respect to
the Development in Part VIII of the Application form and (b) of the Estimated Qualified Basis
of each building in the Development in Part IX of the Application form comply with all
applicable requirements of the Code and regulations, including the selection of credit type
implicit in such calculations.
2021- Tax-Exempt
ATTORNEY’S OPINION LETTER, continued
3. The information set forth in Subpart VII-C of the Application form as to proposed rents satisfies
all applicable requirements of the Code and Regulations.
4. The site of the captioned Development is controlled by the Owner, as identified in Subpart II-A
of the Application.
5. [Delete if inapplicable] The type of the nonprofit organization involved in the Development is
an organization described in Code Section 501(c)(3) or 501(c)(4) and exempt from taxation
under Code Section 501(a), whose purposes include the fostering of low-income housing.
6. [Delete if inapplicable] The nonprofit organizations' ownership interest in the development is as
described in Subpart II-D of the Application form.
7. [Delete if inapplicable] It is more likely than not that the representations made under Subpart I-
F of the Application form as to the Development's compliance with or exception to the Code's
minimum expenditure requirements for rehabilitation projects are correct.
8. [Delete if inapplicable] After reasonable investigation, the undersigned has no reason to
believe that the representations made under Subpart I-E of the Application form as to the
Development's compliance with or eligibility for exception to the ten-year "look-back rule"
requirement of Code §42(d)(2)(B) are not correct.
Finally, the undersigned is of the opinion that, if all information and representations contained in the
Application and all current law were to remain unchanged, upon the placement in service of each building of the
Development, the Owner would be eligible under the applicable provisions of the Code and the Regulations to an
allocation of Credits in the amount(s) requested in the Application.
This opinion is rendered solely for the purpose of inducing the Virginia Housing Development Authority
("VHDA") to issue a reservation of Credits to the Owner. Accordingly, it may be relied upon only by VHDA and
may not be relied upon by any other party for any other purpose.
This opinion was not prepared in accordance with the requirements of Treasury Department Circular No.
230. Accordingly, it may not be relied upon for the purpose of avoiding U.S. Federal tax penalties or to support
the promotion or marketing of the transaction or matters addressed herein.
__________________________________________
Firm Name
By: ______________________________________
Its: ______________________________________
(Title)
S. Appraisal Guidelines
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Appraisal Information
Appraisals are required to be submitted with the Reservation Application when the
applicant is seeking acquisition credits for acquisition rehab and/or adaptive reuse LIHTC
developments.
Virginia Housing will accept RD appraisals that include its requested values.
The applicant obtains appraisals independently. However, Virginia Housing reserves the
right to order its own appraisal (at the applicant’s expense), if it has unresolved
questions or concerns about the report. The associated fee will be communicated by
Virginia Housing to the applicant in writing.
Regarding 9% LIHTC applications, all questions and concerns regarding the appraisal
must be resolved before preliminary rankings. As such, your application could be
disqualified if Virginia Housing has to order its own appraisal.
Regarding 4% LIHTC credit applications, all questions and concerns regarding the
appraisal must be resolved before the 42m letter is issued.
Page 1 of 7
Appraisal Guidelines
Pursuant to Section 13 VAC 10-180-60 of the QAP, appraisals are required for all
acquisition/rehab and adaptive reuse developments, where the applicant is
seeking a reservation of low-income housing tax credits. Appraisals are not
required if acquisition credits are not requested. Virginia Housing will accept RD
appraisals that include the values discussed below.
Appraisers must have a MAI designation from The Appraisal Institute or an ASA -
Accredited Senior Appraiser designation from The American Society of
Appraisers. Appraisers must be in good standing with the issuing organization at
the time reports are completed for Virginia Housing.
Appraisals will be obtained independently by the applicant; however, if there
are unresolved concerns about feasibility, Virginia Housing will order its own
appraisal.
Appraisal fees are the sole responsibility of the applicant. If Virginia Housing
orders an appraisal, the fee will be communicated to the applicant in writing.
Appraisals will not be ordered until Virginia Housing receives the appraisal fee,
which may result in a delay of Virginia Housing approval and/or the issuance of
the Section 42(m) letter.
The appraisal must be no older than six (6) months at the time of application
(see “Effective Date” below). For appraisals with an effective date greater than
six (6) months (but less than twelve (12) months), if there are no material
changes to the development and/or market, the appraiser can provide a letter
stating “No material changes since last report dated…” If there are material
changes, the appraisal must be updated to include detailed discussion about
those changes. No appraisal greater than 12 months old will be accepted.
Appraisals submitted to Virginia Housing in connection with a tax credit
application will remain VHDA’s possessions and may continue to be relied
upon by Virginia Housing in determining the market feasibility of the proposed
development, regardless of any unresolved concerns between the tax credit
applicant and the appraiser.
If as a result of the appraisal, the owner/applicant refuses VHDA’s basis for any
allocation of tax credits, then the appraisal will not be approved and the tax
credit application will be disqualified.
If there are inconsistencies between representations in the tax credit
application and those in the appraisal such as architectural features, unit
Page 2 of 7
amenities, site amenities, etc., Virginia Housing will rely only upon
representations made in the tax credit application (including supporting
application documentation).
Appraiser Qualifications
1. The appraiser certifies that at a minimum, the individual assigned to
appraise the development has passed The Appraisal Foundation’s
approved state examination as well as has met its education and
experience requirements, including, a course and examination on the
Uniform Standards of Professional Appraisal Practice (USPAP) set forth by
The Appraisal Foundation.
2. The appraiser warrants that he/she is in compliance with all applicable
state and federal licensing and certification regulations in the State of
Virginia.
Legal
1. Section 42 of the Internal Revenue Code requires that any relationship
between the person preparing the appraisal and the applicant be
disclosed prior to its engagement of services. In addition, the preparer
must not have any interest in the development or relationship with the
development’s ownership entity.
2. Virginia Housing has no contractual relationship with the preparer of the
appraisal. Appraisals are procured directly by the LIHTC applicant and
accordingly, the applicant is the client of the appraiser. Therefore, the
appraisal should be addressed directly to the client and any
representations made by the appraiser should not directly or indirectly
communicate that the appraiser is representing Virginia Housing or in any
way acting for, at the request of, or on behalf of Virginia Housing. The
appraiser, however, must identify Virginia Housing as an authorized user of
the appraisal, noting that Virginia Housing may rely on the
representations made therein.
3. Virginia Housing reserves the right to convey a copy of the appraisal to
third parties, assigns and pertinent parties involved in the contemplated
allocation of tax credits.
4. The appraiser agrees to indemnify, defend and hold Virginia Housing, its
directors, officers and employees harmless from any and all claims
losses, costs (including attorney’s fees) and liabilities associated with the
preparation of the appraisal.
Page 3 of 7
Values Requested
Virginia Housing will consider the value of existing below-market rate
financing and real estate tax abatement.
The appraiser will complete the Sales Comparison and Income Capitalization
Approaches to value. The capitalization rate used in the Income Approach
should be supported by an analysis of sales data extracted and verified from
the market, investor sources and published data such as the Korpacz Real Estate
Investor Survey. If the Band of Investment Method is used, the mortgage and
equity rates should be adequately supported in the report.
Sub-market as discussed in these requirements is defined as the subject
development’s neighborhood.
1. Land “Only” Value
The idea here is that the value of the land is the same with or without
improvements/restrictions. This value should be based on similar land sales
in the sub-market or the value of the “land only” of improved sales in the
sub-market.
2. As-Is Building Value (Market and Restricted – not including land)
Market: as if market rents are in place; the appraiser will not consider
the unique aspects of below-market financing, federal subsidies
and/or low-income tax credits in this value estimate
Restricted: based on current restricted rents (not inflated); the
appraiser will consider the unique aspects of below-market financing,
federal subsidies and/or low-income tax credits in this value estimate If
applicable, the appraiser will estimate the contribution to value of all
necessary off-site improvements (e.g. water, sewer, etc.). The
estimated dollar contribution for the off-site improvements should be
based on the value they add to the site after their installation and not
on cost.
3. Prospective Value Upon Achieving Stabilized Occupancy and/or
completion of rehab (Market and Restricted – not including land)
Market: as if market rents will be in place; do not consider below-
market financing, federal subsidies or low-income tax credits for this
value estimate
• Restricted: based on estimated future restricted rents; consider
below-market financing, federal subsidies and low-income tax
credits for this value estimate
• Prospective Future Market Value assuming income restrictions as set
forth in the Virginia Housing Regulatory Agreement: either (a) 20% at
50% AMI AFS, 80% at 150% AMI or (b) 40% at 60% AMI AFS, 60% at
150% AMI; the appraiser should assume the current financing will
remain in place.
•
The Report
1. The appraisal must be submitted to Virginia Housing by the LIHTC
applicant.
2. The appraisal should be in PDF/electronic format. Virginia Housing
should be able to select, cut and copy text.
3. The appraisal shall consist of a complete self-contained Title XI narrative
report. A statement must be included in the Letter of Transmittal that the
appraisal is prepared in conformance to the Uniform Standards of
Professional Appraisal Practice (USPAP) published by the Appraisal
Foundation and Title XI of the Federal Financial Reform, Recovery and
Enforcement Act of 1989 (FIRREA).
4. The primary appraiser should sign the report. All personnel assisting in the
preparation and analysis of the appraisal should be identified in the
report by name and title.
5. For Virginia Housing purposes, the date of the site inspection is the
Effective Date of the appraisal. The Effective Date of the appraisal
must be obviously stated on the cover page or in the Executive
Summary section. A site inspection by the appraiser must occur
within 12 months of VHDA’s application deadline.
6. The appraiser will supply evidence of Errors and Omissions Insurance and
a copy of State Certification in the Addenda of the report.
7. The appraiser will indicate in the Letter of Transmittal and the Summary
of Important Conclusions, any special Assumptions and/or Limiting
Conditions pertaining to the appraisal assignment.
8. The appraiser will review Federal Emergency Management Agency
(FEMA) flood insurance rate map to determine and report the flood
zone. Include this information in the summary section of the report.
9. The appraiser must make contact with the local municipal zoning office.
The appraiser will verify in detail the level of conformity of the
development to the applicable zoning code. In addition, the appraiser
Page 4 of 7 will indicate the threshold and reconstruction limits in the
case of a legal non-conforming use.
Page 5 of 7
10. The appraiser must make contact with the local municipal zoning office.
The appraiser will verify in detail the level of conformity of the
development to the applicable zoning code. In addition, the appraiser
Page 4 of 7 will indicate the threshold and reconstruction limits in the
case of a legal non-conforming use.If the development is located on
a subdivided parcel, the appraisal must be broken down by
subdivision.
11. The appraiser will present and analyze the current and projected real
estate tax imposition of the development, including the most current tax
and assessment data. The projection should include tax abatement, if
applicable.
12. The legal description must be included in the report or as a part of the
Addendum.
13. The primary appraiser or a designated representative will personally
inspect the subject development and comparable properties. Every
effort should be made to include the most comparable income &
expense comps, as well as sales comps (i.e. located in the subject’s sub-
market and/or 3-5 mile radius of the subject). For example, if the subject
is a “seniors only” development, seniors comps should be used. In any
event, rents should be stated for the exact affordability of the subject
units.
14. In addition to pertinent information (i.e. address, # units, etc.), the
appraiser will include photos of each comparable development, as well
as a map, which shows the comps’ proximity to the subject
development.
15. The narrative discussion throughout the report should address issues that
relate to the fact that the development is a LIHTC development.
16. The appraiser will determine and fully explain what you believe is the
Remaining Economic Life of the development, after rehab/construction
completion.
17. The appraisal should focus on historical and budgeted operating
statements of the subject and market data.
Page 6 of 7
Sample Income & Expense Breakdown
Income
Expenses
Gross Potential Rent
Real Estate Taxes
Laundry Income
Insurance
Parking Income
Licenses and Permits
Cable Income
Gas
Miscellaneous
Electricity
Water & Sewer
Cable
Trash Removal
Pest Control
Building Maintenance and Repairs
Swimming Pool
Grounds Maintenance
(Non-resident) Management Fee
Apartment Allowance
Administrative Salaries
Maintenance Salaries
Payroll Taxes and Benefits
Advertising
Office Expense
Legal & Audit
Other
Page 7 of 7
Suggested Appraisal Outline
Section 1.0 Executive Summary
Note: the Executive Summary should include a summary of all final values
Section 2.0 General Information
Section 3.0 Market Area (Physical and Environmental Forces)
Section 4.0 Site & Improvements
Site Description
Taxes and Assessments
Improvements Description
Policies and Tenant Profiles
Functional/External Obsolescence
Section 5.0 Highest & Best Uses
Section 6.0 Valuations
Land Value - As-Is
Building Value - As-Is & Prospective Market Rent Values
- assuming market rents.
Building Value - As-Is & Prospective Restricted Rent
Values - assuming restricted rents; also considers below-
market financing, federal subsidies or low-income tax
credits.
Section 7.0 Appendices
T. Zoning Certification
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Zoning Certification
NOTE TO DEVELOPER: You are strongly encouraged to submit this certification to the
appropriate local official at least three weeks in advance of the application deadline to
ensure adequate time for review and approval.
General Instructions:
1. The Zoning Certification must be submitted on locality’s letterhead or
professional civil engineer’s letterhead.
2. The Local Certification section must be completed by the appropriate local
official or Civil Engineer.
3. The Engineer must be registered in the Commonwealth of Virginia.
4. ‘Development Description’ should be provided by the Owner.
5. ‘Development Address should correspond to the application.
6. ‘Legal Description’ should correspond to the site control document in the
application.
7. ‘Proposed Improvements’ should correspond with the application.
8. ‘Other Descriptive Information’ should correspond with information in the
application.
9. Any change in this Certification may result in disqualification of the application.
If you have any questions, please call the Tax Credit Allocation Department at (804) 343-5518.
Zoning Certification
DATE:
TO: Virginia Housing Development Authority
601 South Belvidere Street
Richmond, Virginia 23220
Attention: JD Bondurant
RE: ZONING CERTIFICATION
Name of Development:
Name of Owner/Applicant:
Name of Seller/Current Owner:
The above-referenced Owner/Applicant has asked this office to complete this form letter
regarding the zoning of the proposed Development (more fully described below). This
certification is rendered solely for the purpose of confirming proper zoning for the site of the
Development. It is understood that this letter will be used by the Virginia Housing
Development Authority solely for the purpose of determining whether the
Development qualifies for credits available under VHDA’s Qualified Allocation Plan.
DEVELOPMENT DESCRIPTION:
Development Address:
Legal Description:
Proposed Improvements:
New Construction:
# Units
# Buildings
Adaptive Reuse:
# Units
# Buildings
Rehabilitation:
# Units
# Buildings
Approx. Total Floor Area Sq. Ft.
Approx. Total Floor Area Sq. Ft.
Approx. Total Floor Area Sq. Ft.
Zoning Certification, cont’d
Current Zoning:
allowing a density of
units per acre, and the following other applicable conditions:
Other Descriptive Information:
LOCAL CERTIFICATION:
Check one of the following as appropriate:
The zoning for the proposed development described above is proper for the
proposed residential development. To the best of my knowledge, there are presently
no zoning violations outstanding on this property. No further zoning approvals and/or
special use permits are required.
The development described above is an approved non-conforming use. To the best
of my knowledge, there are presently no zoning violations outstanding on this
property. No further zoning approvals and/or special use permits are required.
Signature
Printed Name
Title of Local Official or Civil Engineer
Phone:
Date:
NOTES TO LOCALITY:
1. Return this certification to the developer for inclusion in the tax credit application
package.
2. Any change in this form may result in disqualification of the application.
3. If you have any questions, please call the Tax Credit Allocation Department at (804)
343-5518.
U. Plans and Specifications Requirements
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Plans and Specifications Requirements
Following are the minimum requirements for all property types (new construction,
rehab and adaptive reuse).
1. A location map with the property clearly defined on the plans.
2. A site plan showing locations of all building(s) and major site elements (e.g.,
parking lots and location of existing utilities and water, sewer, electric, gas in
the streets adjacent to the site). Contour lines and elevations are not required.
If this is a combination 9%/4% development, indicate on the site plan all
buildings for both 9% and 4%. Include a building-by-building unit matrix
reflecting distribution of 9% and 4% units.
3. Sketch plans of main building(s) reflecting overall dimensions
4. Typical floor plan(s) showing apartment types and placement
5. Ground floor plan(s) showing common areas
6. Sketch floor plan(s) of typical dwelling unit(s)
7. Typical wall section(s) showing footing, foundation and wall and floor structure.
Notes must indicate basic materials in structure, floor and exterior finish.
8. All items reflected in VHDA's Minimum Design & Construction Requirements.
9. All 9% and 4% developments must include a unit-by-unit work write-up. This
is in addition to the Physical Needs Assessment.
Sketch plan dimensions must be sufficient to allow Virginia Housing to calculate the
Gross Floor Area for the entire development and the net rentable areas for all the
units in the development.
V. Relocation Plan Guidelines
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Relocation Plan Requirements
The relocation plan must be kept in plain sight and available for tenants to review and
should be property specific, including at a minimum:
1. The name, address and contact person for the owner and management company
2. Scope of the work to be completed, including estimated start and completion
dates
3. Planned measures to minimize construction impact on occupied units
4. Projected rents and rental policies after rehab
5. Advisory services to be offered
6. Estimated determination as to Moving Cost Reimbursement
7. A unit delivery schedule
Owners must document compliance by including in each tenant’s file all documentation
related to relocation, including all notices and agreements referenced herein, as well as
bill receipts and canceled checks. Be prepared to present this information to Virginia
Housing upon request.
Page 1 of 4
Relocation Assistance Guidelines
Effective immediately, these guidelines are amended to recognize changes to the Code of
Virginia effective July 1, 2015 (§§ 55-222, 55-226.2, 55-248.4, 55-248.7:1, 55-248.7:2, 55-248.9:1,
55-248.15:1, 55-248.18 and 55-248.24).
In general, owners of projects which funding includes federal monies should adhere to
regulations set forth under the Uniform Relocation Assistance Act of 1970 (URA), including
RAD projects.
Virginia Housing guidelines focus on residents/tenants who are permanently or temporarily
relocated as a direct result of the rehabilitation, demolition and/or construction of Low
Income Housing Tax Credit (LIHTC) projects.
Virginia Housing guidelines must be followed to qualify for Low Income Housing Tax Credits
and will be incorporated by reference in and enforced by the Contract
to Enforce Representations. Furthermore, violation of these guidelines will result in a
penalty against
future reservation applications.
Owner’s Responsibility to Tenants
Open communication with tenants is helpful for both the owner and tenants as it helps to
minimize rumors, misunderstandings and alleviate the stress of moving.
Permanent Relocation: A tenant is permanently relocated if his/her tenancy is terminated
due to the rehabilitation of the unit or due to change in use. If a tenant is permanently
relocated, a 120-day Notice must be delivered to the tenant, unless the lease is month-to-
month and the tenant has agreed in writing to a lesser time period, in which case a 30 day
notice must be issued.
120-day Notice
Issued no less than 120 days prior to the day that the tenant must move;
Addressed to the tenant at his/her current address;
Informs the tenant that due to renovation they are required to move from the
development, why they are required to move and states the move date.
States the contact person for advisory services, types of services that are offered
and hours as well as giving the option to make a scheduled appointment outside of
normal hours if needed.
Generally describes the relocation payment(s) for which the tenant may be eligible,
the basic conditions of eligibility and the procedures for obtaining the payment
(see Moving Cost Reimbursement below). Eligibility for relocation assistance shall
begin on the date that acquisition negotiations are initiated or actual acquisition,
whichever occurs first.
States the contact information of management company if tenant has any
questions or would like to discuss the assistance determination
Page 2 of 4
Tenant Advisory Services
Advisory Services may be provided by the property management company or outside
vendor. The following services must be included but is not limited to only these items.
Provides referrals for tenants to replacement properties, and contacts said
properties to request priority for persons being displaced.
Provides tenants with written information and/or translation services in their native
languages if necessary
Provides appropriate counseling for tenants who are unable to read and
understand notices
Provides contact information for questions and access to phone or computer if
needed to make contact.
Provides transportation for tenants needing to look at other housing, especially
those who are elderly or disabled
Understand and anticipate the needs of families and the elderly and able to meet
the special advisory services they may need
Allow and make tenants aware that appointments can be scheduled outside of
normal business hours if needed.
Temporary Relocation (not to exceed 30 Days): The tenant will return to the original unit or be
permanently relocated to a comparable unit at the same property in 30 days or less of the
initial move date.
1. The owner must pay the tenant’s moving and associated costs (including utility
connection costs).
2. The owner provides amenities (to include day room, refreshments, meals, T.V., etc.) to
any tenant that is displaced for a partial day, during daytime hours, up to five days.
3. The owner must provide advisory services
Under this section while the tenant should receive a 30-day Notice, the tenant can agree in
writing to move in less than 30 days.
30-day Notice
Issued no less than 30 days prior to the day that the tenant has to move, unless
there is a health/safety concern;
Addressed to the tenant at his/her current address;
States the specific date by which the tenant is required to move and the time
moving services will arrive at unit
States the responsibilities of the tenant pertaining to the move and contact
information in order to request assistance with said responsibilities;
States the address to which the tenant will be relocated;
State, if applicable, the date on which the move-in inspection will be completed
Temporary Relocation Due to Health & Safety Concerns (not to exceed 30 Days): Where a
mold condition in the dwelling unit materially affects the health or safety of any tenant or
authorized occupant, the owner may require the tenant to temporarily vacate the dwelling
unit in order to perform remediation, in accordance with professional standards as defined in
§ 55-248.4 for a period not to exceed 30 days. The landlord shall provide the tenant with
either (i) a comparable dwelling unit, as selected by the landlord, at no expense or cost to
Page 3 of 4
the tenant, or (ii) a hotel room, at no expense or cost to the tenant. See Code Section 55-
248.12:2. Notice to the tenant can be immediate.
Temporary relocation longer than 30 Days: The owner must contact any tenant who has
been or will be temporarily relocated for longer than 30 days. Owner will provide to the
tenant Advisory Services and Moving Cost Reimbursement. This assistance will be in addition
to assistance the tenant has already received for temporary relocation and may not be
reduced by the amount of temporary relocation assistance already received.
Moving Cost Reimbursement
Owner’s moving cost reimbursement to the tenant is limited to $100.00 if either of the
following applies:
a. A tenant has minimal possessions and occupies a dormitory style room, or
b. A tenant’s move is performed by an agency at no cost to the tenant
If neither ‘a’ nor ‘b’ above applies, and the tenant opts to move his/her belongings, the
reimbursement to the tenant may be based on one or a combination of the following:
1. Based on the Federal Highway Administration’s Fixed Residential Moving Cost
Schedule (see Virginia) and on the number of rooms of furniture, not the number of
bedrooms per unit.
2. Based on the Tenant’s Actual Reasonable Moving and Related Expenses (including
utility connection fees), which are defined as:
A. The lower of two bids or estimates prepared by a commercial mover; or
B. Receipted bills for labor and equipment
Hourly labor rates should not exceed the rates paid by a commercial mover to employees
performing the same activity and equipment rental fees should be based on the actual
rental cost of the equipment not to exceed the cost paid by a commercial mover.
Processing Tenant Moving Cost Reimbursement Claims
To support claims for relocation, the tenant must be informed they are required to provide
documentation, including bills, certified prices, appraisals and other evidence of expenses.
Owners must:
Provide reasonable assistance necessary to complete and file tenants’ claims for
payment
Reimburse moving costs upon receipt of billing documentation from the tenant
Provide expedited return of security deposits or allow tenants to apply security
deposits to the last month’s rent
Make advanced payments, if a tenant demonstrates the need, in order to avoid or
reduce a hardship (often tenants will need these payments for security deposits)
Promptly notify the tenant in writing of its determination, the basis for its
determination and the procedures for appealing that determination, if it
disapproves all or part of a payment claimed or refuses to consider the claim on its
merits because of untimely filing or other grounds
Page 4 of 4
Not propose or request that a displaced tenant waive his or her rights or
entitlements to relocation assistance and benefits
Owner’s Responsibility to Virginia Housing
Owners are required to submit a Relocation Plan (the Plan) to VHDA’s Tax Credit
Allocation Department with the reservation application. The Plan must be kept in plain
sight and available for tenants to review and should be property specific, including at a
minimum:
1. The name, address and contact person for the owner and management
company
2. Scope of the work to be completed, including estimated start and completion
dates
3. Planned measures to minimize construction impact on occupied units
4. Projected rents and rental policies after rehab
5. Advisory services to be offered
6. Estimated determination as to Moving Cost Reimbursement
Owners must document compliance by including in each tenant’s file all
documentation related to relocation, including all notices and agreements referenced
herein, as well as bill receipts and canceled checks. Be prepared to present this
information to Virginia Housing upon request.
W. Plan of Development Certification
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Plan of Development Certification
NOTE TO DEVELOPER: You are strongly encouraged to submit this certification to
the appropriate local official at least three weeks in advance of the application
deadline to ensure adequate time for review and approval.
General Instructions
1. This Letter must be submitted under the Locality’s Letterhead
2. ‘Local Certification’ section must be completed by the appropriate local
official
3. ‘Development Description’ must be provided by the Owner
4. ‘Development Address’ should correspond to the application
5. ‘Legal Description’ should correspond to the site control document in the
application
6. ‘Proposed Improvements’ should correspond with the application
7. ‘Other Descriptive Information’ should correspond with information in the
application
Any change in this form may result in a reduction of points under the scoring
system.
If you have any questions, please call the Tax Credit Allocation Department
(804) 343-5518.
Plan of Development Certification
DATE:
TO:
RE:
Virginia Housing Development Authority
601 South Belvidere Street
Richmond, Virginia 23220
Attention: JD Bondurant
PLAN OF DEVELOPMENT CERTIFICATION
Name of Development:
Name of Owner/Applicant:
Name of Seller/Current Owner:
The above-referenced Owner/Applicant has asked this office to complete this
form letter regarding the site plan of the proposed Development (more fully
described below). This certification is rendered solely for the purpose of
confirming the status of plan of development or site plan approval of the
Development. It is understood that this letter will be used by the Virginia Housing
Development Authority solely for the purpose of determining whether the
Development qualifies for points available under VHDA’s Qualified
Allocation Plan.
DEVELOPMENT DESCRIPTION:
Development Address:
Legal Description:
Plan of Development Number:
Proposed Improvements:
New Construction:
# Units
# Buildings
Total Floor Area
Adaptive Reuse:
# Units
# Buildings
Total Floor Area
Rehabilitation:
# Units
# Buildings
Total Floor Area
Other Descriptive Information:
LOCAL CERTIFICATION:
Check one of the following as appropriate:
The proposed development described above has an approved final plan
of development or site plan (as applicable to the site). No further plan of
development or site plan approval is required before issuance of a
building permit.
The proposed development is an existing development with proposed
renovations and no additional plan of development approval is needed.
The above plan of development approval is in effect until:
Signed
Printed Name
Title
Phone
Date
NOTES TO LOCALITY:
1. Return this certification to the developer for inclusion in the tax credit
application package.
2. Any change in this form may result in a reduction of points under the
scoring system. If you have any questions, please call the Tax Credit
Allocation Department at (804) 343-5518.
X. Section 8 Waiting List Preference
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PHA or Section 8 Notification Letter
Development Name:
Tracking #:
If you have any questions, please call the Tax Credit Department at (804) 343-5518.
General Instructions
1. Because of conflicting program requirements regarding waiting list procedures, this
letter is not applicable to those developments that have 100% project-based Section
8 or project-based vouchers.
2. This PHA or Section 8 Notification letter must be included with the application.
3. ‘Development Address’ should correspond to the application.
4. ‘Proposed Improvements’ should correspond with the Application.
5. ‘Proposed Rents’ should correspond with the Application.
6. ‘Other Descriptive Information’ should correspond with information in the
application.
NOTE: Any change to this form letter may result in a reduction of points under the scoring
system.
PHA or Section 8 Notification Letter
DATE:
TO:
RE: PROPOSED AFFORDABLE HOUSING DEVELOPMENT
Name of Development:
Name of Owner:
I would like to take this opportunity to notify you of a proposed affordable housing
development to be completed in your jurisdiction. We are in the process of applying
for federal low-income housing tax credits from Virginia Housing. We expect to make a
representation in that application that we will give leasing preference to households on
the local PHA or Section 8 waiting list. Units are expected to be completed and available for
occupancy beginning on ____________________________ (date).
The following is a brief description of the proposed development:
Development Address:
Proposed Improvements:
New Constr.:
# units
# Bldgs
Adaptive Reuse:
# units
# Bldgs
Rehabilitation:
# units
# Bldgs
Proposed Rents:
Efficiencies:
$
/ month
1 Bedroom Units:
$
/ month
2 Bedroom Units:
$
/ month
3 Bedroom Units:
$
/ month
4 Bedroom Units:
$
/ month
Other Descriptive Information:
PHA or Section 8 Notification Letter
We appreciate your assistance with identifying qualified tenants.
If you have any questions about the proposed development, please call me at
(___)___-____.
Please acknowledge receipt of this letter by signing below and returning it to me.
Sincerely yours,
__________________________________
Name
__________________________________
Title
To be completed by the Local Housing Authority or Sec 8 Administrator:
Seen and Acknowledged By: ______________________________________
Printed Name: _________________________________________________
Title: _________________________________________________________
Phone: ____________________________________
Date: ___________________
Y. Project-Based Voucher Requirements
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page154
Project Based Voucher Guidelines
The following documentation must be submitted with the application in order to qualify
for points associated with project based rental assistance.
1. Proof of Vouchers = a binding, awarded RFP
2. Submit with the Reservation Application a marketing plan – see Marketing Plan
Instructions in the LIHTC Manual appendices
Accessible units will be confirmed by Virginia Housing during construction.
Rental subsidy documentation is required with the 8609 application.
Every accessible unit must include a roll-in shower, roll under sink and front control
range, unless a waiver is granted by Virginia Housing prior to the application
submission.
Z. Rural Development “High Priority” List
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:02/02/2021Page156
RANKING
ORDER
PRIORITY
BY AREA PROPERTY NAME
NO. OF
UNITS
RENTAL
CODE/ RA
UNITS LOCATION MANAGEMENT COMPANY
DATE OF
LOAN
CLOSING
AGE OF
PROPERTY /
YEARS
TYPE OF
NEEDS *
7 Team 3 Deerfield Apartments 39 E-38 Crewe, VA TM Associate Management Inc. 9/18/1992 28 H/S/G/DT
8 Team 5 Powhatan Apartments 48 F-44 Williamsburg, VA TM Associate Management Inc. 11/9/2000 20 H/S/G/DT
5 Team 2 Woodstock Vilalge I 46 F-0 Woodstock, VA TM Associate Management Inc. 10/25/1984 36 H/S/G/DT
9 Team 2 Woodstock Vilalge II 42 F-8 Woodstock, VA TM Associate Management Inc. 4/12/1989 31 H/S/G/DT
6 Team 5 Birch Island I 48 F-32 Wakefield, VA TM Associate Management Inc. 11/12/1999 21 H/S/G/DT
10 Team 2 Luray Village 34 E-33 Luray, VA TM Associate Management Inc. 9/4/1998 22 H/S/G/DT
1 Team 3 Clifton Woods Apartments 66 E-0 Clifton Forge, VA Trinkle & Associates Inc. 12/23/1977 43 H/S/G/DT
4 Team 3 Mpuntain View Apartments 54 F-0 Clifton Forge, VA Trinkle & Associates Inc. 2/26/1981 39 H/S/G/DT
3 Team 2 Gilliam Court Apartments 72 E-70 Wise, VA Trinkle & Associates Inc. 6/14/1979 41 H/S/G/DT
2 Team 3 Tanyard Village Apartmetns 66 E-63 Rocky Mount, VA Trinkle & Associates Inc. 5/5/1978 42 H/S/G/DT
11 Team 3 Cedar Square Apartments 48 F-48 Stuart, VA Community Housing Partners 3/5/1985 36 H/S/G/DT
13 Team 3 Honeytree Apartments 48 F*21 South Boston, VA Community Housing Partners 11/19/1986 35 H/S/G/DT
12 Team 2
Grayson Manor Apartments
32 E-32 Independence, VA Community Housing Partners 12/11/1998 23 H/S/G/DT
= Health & Safet
y
General Deterioration
=
Elderl
y
Pro
p
ert
y
=
Famil
y
Pro
p
ert
y
As of February 2, 2021
13
TOTAL UNITS: 515
25.61
Type of Needs:
Rental Codes:
AA. Community Room Guidelines
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page158
Community Room Information
Points associated with this item are not allowed unless the community room is
physically located within the boundaries of the development currently being considered
for credits. The IRS has stated that common space (pool, meeting room, community
building, laundry room, etc.) located in one phase may not be used by residents from
another phase unless the area is treated as commercial space. Therefore, the cost of the
common space must be subtracted from basis in order to be used by households living
in another phase. Square footage requirement is calculated for all spaces not separated
by doors or walls.
Community rooms may be used for program and classes with the following stipulations.
Provided that the cost of the community room is not included in eligible basis, the
owner may conduct (or contract with a non-profit provider to conduct) programs or
classes for tenants and members of the community in the community room, so long as:
(i) tenants compose at least one-third of participants, with first preference given to
tenants above the one-third minimum; (ii) no program or class may be offered more
than five days per week, (iii) no individual program or class may last more than eight
hours per day and all programs and class sessions may not last more than ten hours per
day in the aggregate; (iv) cost of attendance of the program or class must be below
market rate with no profit from the operation of the class or program being generated
for the owner (owner may also collect an amount for reimbursement of supplies and
clean-up costs), (v) the community room must be available for use for tenants when
programs and classes are not offered, subject to reasonable “quiet hours” established
by owner, and (vi) any owner offering programs or classes must provide an annual
certification to the Authority that it is in compliance with such requirements, with
failure to comply with these requirements resulting in a 10 point penalty for three years
from the date of such noncompliance for principals in the owner.
BB. Marketing Plan Requirements
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page160
Marketing Plan Instructions
While there is no standard marketing plan language to copy, every marketing plan must:
Be customized for the property and the special needs resident base that the
property is intending to serve
State that the property will be listed at virginiahousingsearch.com
State that units will be held vacant for 60 days during which ongoing marketing
must be documented
Include information on networking contacts with centers for independent living,
disability services boards and address the efforts that will be necessary to fill a
vacant unit
Held Vacant for 60 Days
Units must be held vacant for 60 days during which marketing efforts must be
documented. However, if marketing to the Target Population is deemed to be
conducted satisfactorily on an ongoing basis throughout the year and management can
provide sufficient documentation to VHDA’s Compliance Officer, management may
request the ability to lease 60-point Units and 30-point Units, to a household not in the
Target Population without the unit remaining vacant for the 60-day timeframe.
“Ongoing basis” means contact to at least two (2) resources at least monthly in the
manner noted below at any time the required number of units is not actually occupied
by the Target Population.
Each time a vacancy occurs in a 60-point Unit or a 30-point Unit, if a qualified household
including a person in the Target Population is not located in the 60-day timeframe, the
owner or manager may submit the evidence of marketing to VHDA’s Compliance Officer
and request approval to rent the unit to an income-qualified household not a part of the
Target Population. If the request is approved, the lease must contain a provision that
the household must move to a vacant unit of comparable size in the development if a
household in the Target Population applies for the unit. The move will be paid for by
the owner.
If no vacant unit of comparable size is available at that time, the Target Population
prospective tenant should be placed on the development’s waiting list and placed in the
60-point Unit or 30-point Unit, when the first available vacant comparably sized unit
becomes available to move the non-Targeted Population tenant.
NOTE: The move of the temporary/non-disabled tenant will be paid for by the owner.
CC. Proximity to Transportation Certification
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page162
Surveyor’s Certification of Proximity to Transportation
General Instructions
1. This form must be included with the Application
2. This Letter must be submitted under the Surveyor’s or Engineer’s Corporate
Letterhead
3. Any change in this form may result in a reduction of points under the scoring
system.
4. If you have any questions, please call the Tax Credit Allocation Department
(804) 343-5518.
Surveyor’s Certification of Proximity to Transportation
DATE:
TO: Virginia Housing Development Authority
601 South Belvidere Street
Richmond, VA 23220-6500
RE:
2021 Tax Credit Reservation Request
Name of Development:
Name of Owner:
Gentlemen:
This letter is submitted to you in support of the Owner’s Application for Reservation
of Low Income Housing Tax Credits under Section 42 of the Internal Revenue Code of
1986, as amended.
Based upon due investigation of the site and any other matters as it deemed
necessary this firm certifies that: the main street boundary entrance to the property is
within:
2,640 feet or ½ mile of the nearest access point to an existing commuter
rail, light rail or subway station; or
1,320 feet or ¼ mile of the nearest access point to an existing public bus
stop.
Firm Name
By:
Its:
Title
DD. Universal Design Guidelines
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:01/12/2021Page165
Universal Design Requirements
The development qualifies for Universal Design points if:
1. The Applicant agrees in its Reservation Application to provide all Universal
Design Essential Elements, and the necessary number of Optional Elements;
2. Plans and specs submitted with the Reservation Application must identify all UD
Essential Elements;
3. The Architect of Record will provide Final Certification prior to the issuance of
Form(s) 8609.
Plans MUST clearly identify the following items in the format found on vhda.com or
penalties will be assessed:
1. Overall building plans identifying the location of Universal Design dwelling units,
and the means of vertical transportation (if applicable), along the accessible
route(Minimum scale 1/8”=1’-0”). Include a legend and Universal Design
General Notes section. Anything other than a fully handicap accessible elevator
must have been presented to and approved by VHDA for this project at least two
weeks prior to submission of reservation application.
2. Site plan and building plans identifying accessible pedestrian routes from all
Universal Design units to accessible parking, leasing office, community room,
laundry facility, mailboxes, garbage collection areas and public transportation
pick up areas. Architect must identify running slope and cross slope of route,
and consider any obstructions. Include required number of accessible parking
spaces, a legend for the accessible route, and a Universal Design general notes
section.
3. Enlarged Universal Design unit plans (Minimum scale 1/4”=1’-0”) identifying
clearances and all Essential Elements
4. Upon further development of the construction documents, the Architect must
adhere to all Essential Elements of the VHDA Universal Design Guidelines and the
necessary number of Optional Elements depending on construction type.
5. The Architect must submit the completed Universal Design (UD) checklist to
VHDA prior to the requisite VHDA Pre-construction Meeting. The UD checklist
must be signed and dated by the LIHTC applicant, the site engineer (if owner
retained) and the Architect of Record. The Architect Certification Letter and the
UD Checklist must signed by the same individual.
FINAL (Rev. 12/1/2020)
Page 1
VIRGINIA HOUSING
2021 GUIDELINES FOR THE DEVELOPMENT OF
UNIVERSALLY DESIGNED UNITS
New Construction & Rehabilitation
Virginia Housing recognizes the need to create housing that is usable by all people
while maintaining aesthetics and affordability. Universal Design has emerged as a set
of design features that enhance the usability and marketability of such units. Virginia
Housing provides specific incentives for developers wishing to use these features to
create spaces that serve the needs of all people regardless of ability and an aging
population while providing an environment that is easy to market and easy to use.
Virginia Housing views Universal Design not as a building code or accessibility standard
but rather as a set of features that should integrate seamlessly into the design of a
dwelling unit, providing market appeal and the possibility for residents to age-in-place.
Whether applied to standard units or units designed under an accessibility code, the
challenge of Universal Design is to produce as normal and appealing an outcome as
possible.
Questions or comments about these guidelines can be emailed to:
UniversalDesign@VirginiaHousing.com.
FINAL (Rev. 12/1/2020)
Page 2
OPTIONAL ELEMENTS
1. Route . . . . . . . . . . . . . . . . . . . 10
1.1 Weather Sheltered Entryways
1.2 Signage
2. Movement . . . . . . . . . . . . . . 10
2.1 Access to All Common Areas
3. Approach . . . . . . . . . . . . . . . 10
3.1 Accessible Windows
4. Kitchens . . . . . . . . . . . . . . . . 10
4.1 Extra Floor Space
4.2 Roll-Under Range
4.3 Full Extension Drawers and Shelves
4.4 Task Lighting
4.5 Full Length Pantry Style Cabinet
5. Bathrooms . . . . . . . . . . . . . . 11
5.1 Extra Floor Space
5.2 Roll-Under Vanity or Sink
5.3 Tilt Mirror
5.4 Non-Glare Lighting
5.5 Solid In-Wall Blocking
5.6 Handheld Showerheads
6. Bedrooms . . . . . . . . . . . . . . 12
6.1 Closets
7. Audio/Visual . . . . . . . . . . . . 12
7.1 Audio/Visual Doorbell
7.2 Visual Alarm
7.3 Enhanced Site Lighting
8. Technology . . . . . . . . . . . . . 12
8.1 Keyless Entry
9. Innovation . . . . . . . . . . . . . . 12
9.1 Innovation
ESSENTIAL ELEMENTS
1. Route . . . . . . . . . . . . . . . . . . . . 3
1.1 Accessible Route
1.2 Accessible Parking
1.3 Garbage Collection
1.4 Common Spaces
1.5 Curb Cuts
1.6 Ramps
2. Movement . . . . . . . . . . . . . . . . . 5
2.1 Exterior Walkways
2.2 Interior Passageways
2.3 Level Space at Entryways
2.4 Clear Space on Pull Side of All Doors
2.5 Interior Passage Doorways
2.6 Exterior Doorways and Unit Entry
3. Approach . . . . . . . . . . . . . . . . . 6
3.1 Clear Floor Space
3.2 Reach Range
3.3 Operation
3.4 Door Hardware
3.5 Plumbing Fixtures
4. Kitchens . . . . . . . . . . . . . . . . . . 7
4.1 Clear Floor Space
4.2 Range
4.3 Refrigerator
4.4 Sink
4.5 Multiple Height Work Surfaces
4.6 Cabinet Hardware
5. Bathrooms . . . . . . . . . . . . . . . . 8
5.1 Bathroom Type
5.2 Bathing Areas
5.3 Shower Fixtures
6. Laundry . . . . . . . . . . . . . . . . . . 9
6.1 Side by Side, Front Loading
Equipment
7. Technology . . . . . . . . . . . . . . . 9
7.1 Thermostats
FINAL (Rev. 12/1/2020)
Page 3
Essential Elements
Each qualifying Universally Designed Unit in the LIHTC program must
contain all of the essential elements listed below and comply with
Virginia Housing’s Minimum Design and Construction Requirements,
and Minimum Cabinet Requirements. Universal Design is not a safe
harbor for other required accessibility standards such as ANSI
A117.1, UFAS or the Fair Housing Act. It should be used as a
supplement to required accessibility standards and building codes.
1. Route
1.1 Accessible Route - An accessible route shall consist of a minimum 36” wide
continuous, stable, firm and slip-resistant surface, free of obstructions and changes in
level greater than a ¼” vertical. Running slopes shall not exceed 1:20 and cross slopes
shall not exceed 1:50. A minimum 60”x60” passing space must be provided at
reasonable intervals not to exceed 200’. Routes requiring 180° turns must have a clear
width of 60” during the turn. Cross walks must be striped and may not travel directly
behind parking spaces. Vertical means of transportation, other than fully handicap
accessible elevators, must be presented to and approved by Virginia Housing prior to
submission of the tax credit reservation application.
1.2 Accessible Parking* – Accessible parking spaces shall comply with Figure 1.2.
Van accessible spaces required for public accommodation shall not count towards the
number of accessible spaces required for qualifying units.
1.2.1 – Developments with off-street parking shall provide at least one accessible
parking space on an accessible route for each qualifying UD unit, sufficiently dispersed
to serve each qualifying UD unit.
Exception 1:
The total number of accessible parking spaces for UD qualifying units may be
reduced to the greater of either:
1) 5 accessible parking spaces, or
2) 5% of the total number of parking spaces.
Exception 2:
Where a development receives a reduction in local zoning parking requirements
from the authority having jurisdiction, a minimum 5% of off-street parking must be
accessible spaces.
*Parking must comply with all applicable accessibility standards.
FINAL (Rev. 12/1/2020)
Page 4
Figure 1.2
1.3 Garbage Collection - Each qualifying unit shall be located on an accessible route
complying with 1.1 that leads to a resident garbage drop off area. Garbage chutes,
dumpster openings, and their operating mechanisms shall be within the reach range
complying with 3.2.
1.4 Common Spaces - Each qualifying unit shall be located on an accessible route
complying with 1.1. which allows pedestrian access to the leasing office, community
room, laundry facility, mailboxes and public transportation pick up areas if available to
the facility.
Exception:
Alternative vehicular connectivity for impractical sites must be presented to and
approved by Virginia Housing prior to submission of the tax credit reservation
application. Each vehicular connected amenity must include two parking spaces
compliant with Figure 1.2 in addition to the total number of spaces required by 1.2.
1.5 Curb Cuts - Shall comply with Figure 1.5 (a) or 1.5 (b). In 1.5 (a), the minimum width
of a curb ramp landing shall be 60” exclusive of the ramp running slopes. In both, ramp
running slopes and flared side slopes shall not exceed 1:12, however, when possible,
ramp running slopes should not exceed 1:20. If a curb cut similar to that shown in
Figure 1.5 (b) is provided, there shall be a minimum 36” wide clear unobstructed walk
way immediately behind the curb cut with cross slopes not exceeding 1:50. Built up
ramps located on the parking lot side of the curb line are not permitted.
FINAL (Rev. 12/1/2020)
Page 5
Figure 1.5 (a) Figure 1.5 (b)
1.6 Ramps – In cases where topography and space limitations create the need for a
ramp; running slopes shall not exceed 1:12. If a ramp rise is greater than 6” or if the
horizontal projection is greater than 72”, handrails must be provided on both sides.
Ramps shall be constructed of concrete, brick or similar cementitious/slip-resistant
materials.
2. Movement -
2.1 Exterior Walkways - All existing exterior walkways on an accessible route shall be a
minimum of 36” wide. All new exterior walkways shall be a minimum of 48” wide. All
walkways perpendicular to parking spaces shall be 72” wide excluding curb, or 48” wide
with at least 2 feet between sidewalk and back of curb or pinned concrete parking
bumpers. Curb cuts shall be required to allow access to accessible areas. Walkways
shall be constructed of concrete or similar cementitious material with a slip-resistant
surface free of any obstructions and changes in level, with a cross slope not exceeding
1:50 and a running slope not exceeding 1:20.
2.2 Interior Passageways - Interior passageways shall have a minimum 42” clear floor
width. A minimum 36” clear floor width between vertical surfaces is acceptable when
traveling less than 36”.
2.3 Level Space at Entryways - Unit entryways shall have a minimum 60”X60” clear,
level floor space at both the interior and exterior side of the door, and shall include the
full clear width of the door. A maximum 1:50 slope is permitted at the exterior side of
doors to allow water shed.
2.4 Clear Space on Pull Side of All Doors - Doors shall have a minimum 36” deep clear,
level floor space that extends a minimum 18” past the latch on the pull side of the door.
2.5 Interior Passage Doorways - All interior passage doorways between rooms deeper
than 24” shall have a minimum clear opening of not less than 32” with a threshold level
change not exceeding 1/2” (maximum ¼” vertical rise + ¼” 1:2 slope).
2.6 Exterior Doorways and Unit Entries - All exterior and unit entry doors shall be no
less than 36” wide with a threshold level change not exceeding 1/2” (maximum ¼”
vertical rise + ¼” 1:2 slope).
FINAL (Rev. 12/1/2020)
Page 6
3. Approach
3.1 Clear Floor Space - Each qualifying unit must have clear, level floor space
complying with 3.1 (a) or 3.1 (b) in front of all controls.
Figure 3.1 (a) Figure 3.1 (b)
3.2 Reach Range – Operable parts shall be located in the following reach ranges.
Figure 3.2 (a) Figure 3.2 (b)
Unobstructed Forward Unobstructed Side
Figure 3.2 (c) Figure 3.2 (d)
Obstructed Forward Obstructed Side
Illustrations adapted from the US Access Board *Virginia Housing modification for countertops
Exceptions: Windows, shades/blinds, wall cabinets, closet shelving, ceiling fan
cords, HVAC diffusers, smoke/CO detectors, bottoms of laundry drums, and
plumbing shutoffs. Existing electric panels do not require relocation unless new
feeder and/or branch wiring is provided.
FINAL (Rev. 12/1/2020)
Page 7
3.3 Operation – Controls and operating mechanisms shall be operable with one hand
and shall not require tight grasping, pinching or twisting of the wrist. The force required
to activate controls shall be no greater than 5 lbs.
3.4 Door hardware – All doors shall have lever handles. All privacy locksets shall be
push-button type. Thumb-turn deadbolts are acceptable.
3.5 Plumbing Fixtures – All plumbing fixtures shall be lever type.
4. Kitchens
4.1 Clear Floor Space - Each qualifying unit must have a minimum clear floor space
complying with 3.1 centered on all appliances. The minimum clear floor space may be
positioned for forward or parallel approach.
Exception: Dishwashers may have either a parallel approach offset 24” maximum
from appliance centerline or an immediately adjacent, permanently roll-under
kitchen sink for forward approach.
4.2 Range – Range controls must comply with reach range requirements in 3.2. The
location of controls for ranges and cook-tops shall not require reaching over burners.
Ranges shall be self-cleaning or steam-cleaning type. Range hood fan and light
controls must be switched separately and comply with reach range requirements in 3.2.
4.3 Refrigerator – The water, ice, and temperature controls must comply with reach
range requirements in 3.2, or within 54” A.F.F. given a parallel approach. Refrigerators
shall be side-by-side type.
Exception: Top freezer type refrigerators may be installed in studio and efficiency
apartments for new construction, adaptive reuse and renovated developments.
Top freezer type refrigerators may be installed in one bedroom apartments for
renovations only. Mid-height of freezer compartment shall be no more than 54”
above the finished floor, and control placement for both the refrigerator and
freezer shall comply with reach range requirements in 3.2.
4.4 Sink - Each qualifying unit shall have a rear drain sink with drain pipes concealed
behind a removable 30” wide concealment panel or removable sink base. Concealment
panel shall comply with UFAS for knee and toe clearances. If a sink base is provided, it
shall be a minimum of 30” wide and easily removable using only a screwdriver. The
kitchen floor finish must extend under the removable cabinet, the wall behind the
cabinet must be finished, and a baseboard matching that installed in other areas of the
dwelling unit shall be permanently installed behind the cabinet.
4.5 Multiple Height Work Surfaces - All qualifying units shall have multiple height work
surfaces including at least one 29”–31” above the finished floor such that a person in a
sitting position can work comfortably. The surface must be a minimum of 24” wide x 20”
deep, and cannot be portable. Pull-out type boards are acceptable, but must carry a
minimum 50 lb. load, and comply with cabinet hardware requirements in 4.6.
FINAL (Rev. 12/1/2020)
Page 8
4.6 Cabinet Hardware – All cabinetry in a qualifying unit shall have hardware that
complies with 3.3, or have touch latches, such that a person with limited dexterity may
operate the cabinetry easily.
5. Bathrooms
5.1 Bathroom Type - Each qualifying unit shall have at least one bathroom complying
with ANSI A117.1–2009 Type B - Option A.
5.2 Bathing Areas - Each qualifying unit having two or more full bathrooms shall have
one roll-in shower with a level change no greater than ½” - (maximum ¼” vertical rise +
¼” 1:2 slope). Roll-in showers for new construction shall have clear inside dimensions
of 60” minimum in width and 36” minimum in depth. Roll-in showers for renovations
shall have clear inside dimensions of 60” minimum in width and 30” minimum in depth.
Exception: A maximum of 50% of the qualifying units with two or more full
bathrooms may have one step-in shower with a curb height between 2”-4” in lieu
of the roll-in shower. For example, a development with 20 qualifying units, all
with two full bathrooms, must have one roll-in shower in a minimum 10 of the 20
units. The design team may choose to install either a step-in shower or a roll-in
shower in each of the remaining 10 units.
5.3 Shower Fixtures – All step-in and roll-in showers shall contain both a handheld
shower and a fixed shower head per Figure 5.3. Handheld showers controls and
diverter shall be located on the rear wall between 38” and 48” from the floor, and 27”
maximum from the end wall. Handheld showers shall have a minimum 60” hose, a slide
bar attachment and a locking mechanism operable with a closed fist, and should be
located no more than 27” from the end wall. The fixed shower head shall be installed at
the standard height and standard location. The designer has the option to either install
a diverter within the hand held shower control area that directs the flow of water to
either the handheld shower or the fixed shower head, or provide separate controls for
both the handheld shower and the fixed shower head.
FINAL (Rev. 12/1/2020)
Page 9
Figure 5.3
6. Laundry
6.1 Side by Side, Front Loading Equipment – Laundry equipment in qualifying units,
other than tenant supplied equipment, shall be side by side, front loading type. Where
hookups only are provided, laundry closets shall be sized to accommodate side by side
equipment. Control placement must comply with reach range requirements in 3.2.
7. Technology
7.1 Thermostats - Each qualifying unit shall have a ‘smart’, programmable thermostat
with voice activation capability. Voice activated control may be either integrated, or
through a separate tenant-supplied mobile device or smart home hub wirelessly
connected to the thermostat.
FINAL (Rev. 12/1/2020)
Page 10
Optional Elements
New construction developments qualifying as Universally Designed in the LIHTC
program must contain a minimum of ten of the optional elements listed below.
Developments being renovated must contain a minimum of five of the optional elements
listed below. Adaptive reuse developments must meet new construction requirements.
1. Route
1.1 Weather Sheltered Entryways – Provide covered entrances to reduce or eliminate
water infiltration and provide protection for user while leaving or entering the qualifying
unit.
1.2 Signage – Characters and symbols on all signage shall contrast with their
background - either light characters on a dark background or dark characters on a light
background. Provide Braille character translations on all interior signage. Use standard
Braille conventions for location on signage. Sizing and spacing per standard Braille
publications is acceptable.
2. Movement
2.1 Access to All Common Areas - From the qualifying unit via an accessible pedestrian
route.
2.2 Enhanced Site Lighting - Provide one foot-candle of illumination at all exterior
pedestrian routes and amenities.
3. Approach
3.1 Accessible Windows - Must comply with all four elements below. Minimum of one
compliant window in each bedroom and living room.
3.1.1 Maximum sill height of 36” above finish floor.
3.1.2 Clear floor space complying with Essential 3.1.
3.1.3 Locks within reach range specified in Essential 3.2, and easily operable
with one hand. Altered or additive hardware is not accepted.
3.1.4 Controls for shades/blinds within reach range specified in Essential 3.2.
4. Kitchens
4.1 Extra Floor Space - Provide a full 60”, unencumbered turning diameter within the
kitchen boundary of each qualifying unit.
4.2 Roll-Under Range – Provide a drop in range in each qualifying unit affording the
user the ability to roll under with unobstructed clear floor space. Knee space shall be
insulated or otherwise protected on the exposed contact surfaces to prevent burns,
abrasions, or electrical shock.
FINAL (Rev. 12/1/2020)
Page 11
4.3 Full Extension Drawers and Pull-out Shelves – All base cabinetry drawers in a
qualifying unit shall be full extension. In addition, a minimum of one base cabinet, 24”
wide or greater, shall have high/low pull out shelving; A 24” wide pantry cabinet with at
least two pull out shelves below 36” above finish floor is also acceptable.
4.4 Task Lighting – In addition to general kitchen lighting, provide task lighting at all
counter surfaces. With general kitchen lighting turned off, task lights must provide a
minimum of 30 foot-candles uniformly distributed across all counter surfaces.
4.5
Full Length Pantry Style Cabinet in Each Kitchen - See Figure 4.5 for one example
of this feature; pantry may be part of cabinetry or it may be a conventional closet type
and comply with Essentials 2.4, 2.5 and 3.2.
Figure 4.5
5. Bathrooms
5.1 Extra Floor Space – In each qualifying unit; provide at least one bathroom with a full
60”, unencumbered turning diameter.
5.2 Roll-Under Vanity or Sink – In each qualifying unit; provide at least one bathroom
with a roll under sink or removable vanity base. If a removable vanity base is provided,
it shall be a minimum of 30” wide and easily removable using only a screwdriver. The
bathroom floor finish must extend under the removable cabinet, the wall behind the
cabinet must be finished, and a baseboard matching that installed in other areas of the
dwelling unit shall be permanently installed behind the cabinet.
5.3 Tilt Mirror – Provide an adjustable tilt/pivot style mirror in at least the Option A
bathroom of each qualifying unit. Mounting height should allow mirror to be easily used
in both a standing and seated position.
FINAL (Rev. 12/1/2020)
Page 12
5.4 Non-Glare Lighting – In each qualifying unit, provide a minimum of two separate
fixed light fixtures. Light sources shall be indirect and/or have frosted lenses without
exposing bulbs directly to the occupant.
5.5 Solid In-Wall Blocking – Installed on walls around toilet, tub and shower for new or
future grab bars and shower seat. Blocking must be suitable to carry a minimum 250
lbs. load. Molded shower surrounds shall have integral plywood backing, or, reinforcing
is required fully between surround and wall blocking at grab bar and seat locations.
5.6 Handheld Showerheads – Both a fixed and handheld shower head with a minimum
60” hose shall be installed on the control end wall of all bathtubs in qualifying units.
6. Bedrooms
6.1 Closets - In each unit; provide a versatile and adjustable closet organization solution
allowing for a more efficient and usable storage area. A single or double adjustable
height shelf and rod will not be accepted.
7. Audio/Visual
7.1 Audio/Visual Doorbell – Provide an A/V doorbell in all qualifying units. Doorbell
control location to comply with reach range requirements in Essential 3.2.
7.2 Visual Alarm – Provide electrically powered internally illuminated emergency alarms
located in all habitable spaces including bathrooms, that shall flash as a visual
emergency notification in conjunction with audible emergency alarms. The flashing
frequency of visual alarm devices shall be less than 5 Hz. Connect visual alarms to an
emergency power source, similar to audible emergency alarms.
8. Technology
8.1 Keyless Entry - Provide a deadbolt with wireless or Bluetooth technology at every
qualifying unit entry door.
9. Innovation
9.1 Innovation – Virginia Housing is interested in alternative features which increase the
usability of spaces for all people. Proposed alternatives must be presented to and
approved by Virginia Housing prior to the mandatory pre-construction meeting.
Solid vertical lines in margins show technical changes, additions and deletions to Virginia Housing’s 2020
Universal Design Guidelines. Format changes such as reorganization, number changes, and phrasing
are not identified.
FINAL (Rev. 8/26/2019)
Page 12
11.3 Tilt Mirror – Provide an adjustable tilt/pivot style mirror in at least the Option A
bathroom of each qualifying unit. Mounting height should allow mirror to be easily used
in both a standing and seated position.
11.4 Extra, Non-Glare Lighting – In each qualifying unit, provide a minimum of two
separate fixed light fixtures. Light sources shall be indirect and/or have frosted lenses
without exposing bulbs directly to the occupant.
11.5 Solid In-Wall Blocking – Installed on walls around toilet, tub and shower for new or
future grab bars and shower seat. Blocking must be suitable to carry a minimum 250
lbs. load. Molded shower surrounds shall have integral plywood backing, or, reinforcing
is required fully between surround and wall blocking at grab bar and seat locations.
12. Bedrooms
12.1 Closets - In each unit; provide a versatile and adjustable closet organization
solution allowing for a more efficient and usable storage area. A single or double
adjustable height shelf and rod will not be accepted.
13. Audio/Visual
13.1 Audio/Visual Doorbell – Provide an A/V doorbell in all qualifying units. Doorbell
control location to comply with reach range requirements in 3.2.
13.2 Visual Alarm – Provide electrically powered internally illuminated emergency
alarms located in all habitable spaces including bathrooms shall flash as a visual
emergency notification in conjunction with audible emergency alarms. The flashing
frequency of visual alarm devices shall be less than 5 Hz. Connect visual alarms to an
emergency power source, similar to audible emergency alarms.
13.3 Thermostats - In each qualifying unit; provide either a digital talking thermostat or a
rotary style thermostat designed for the visually impaired which incorporates larger
numbers and a dial with audible clicks representing degree changes.
14. Innovation
14.1 Innovation – Virginia Housing is interested in alternative features which increase
the usability of spaces for all people. Proposed alternatives must be presented to and
approved by Virginia Housing prior to the mandatory pre-construction meeting.
All qualifying units mu
st also comply with the Virginia Housing Development Authority’s Minimum Design
and Construction Requirements, and Minimum Cabinet Requirements.
Solid vertical lines in margins show technical changes, additions and deletions to VHDA’s 2019 Universal
Design Guidelines. Format changes such as reorganization, number changes, and phrasing are not
identified.
EE. Efficient Use of Resources Calculations
Virginia HousingLowIncomeHousingTaxCreditManual Version:2021.1
Virginia HousingLIHTCProgram LastModified:12/14/2020Page179
EFFICIENT USE OF RESOURCES
COST PER UNIT CALCULATION:
For Each Unit Type A, B, C, etc.
1 -
Subject Cost/Unit Type A
Highest Cost/Unit Type A
x % of Unit Type A in
Project
x 100 Points
Example: 100 units = 96,000 SF; RICHMOND MSA
TDC = $8,640,000 ($9,590,000-$950,000 land & tap
fees) =$90.00/SF - Family – Rehabilitation ($35,000) -
Garden
Number Subject Subject Highest
Units Sq. Ft. Cost/Unit Cost/Unit
1 Bedroom Units: 25 750 $67,500 $141,026
2 Bedroom Units: 45 900 $81,000 $191,392
3 Bedroom Units: 30 1,225 $110,250 $206,502
1 Bdrm Units: 1-(67,500 / 141,026) x 25% x 100 = 13.03
2 Bdrm Units: 1-(81,000 / 191,392) x 45% x 100 = 25.96
3 Bdrm Units: 1-(110,250/206,502) x 30% x 100 = 13.98
TOTAL POINTS = 52.97
UNIT COST.DOC (1/16)
EFFICIENT USE OF RESOURCES
CREDIT PER UNIT CALCULATION:
For Each Unit Type 1 BDRM, 2 BDRM , etc.
1 -
Subject Credit BDRM Unit Type
Highest Credit BDRM Unit Type
x % of BDRM Unit Type in Project
x 200 Points
Example: 100 units = 100,000 SF; RICHMOND MSA
$1,200,000 Tax Credits Requested = $12.00/SF
Family - New Construction - Garden
($1,200,000 Tax Credits Requested/100,000 SF = $12.00 Tax Credits/SF)
Number Subject Tax Credits/ Subject Highest
Units Sq. Ft. Sq. Ft. Credit/Unit Credit/Unit
1 BDRM Units: 25 697 x 12.00 = $ 8,364 $14,333
2 BDRM Units: 45 875 x 12.00 = $10,500 $19,110
3 BDRM Units: 30 1,440 x 12.00 = $17,280 $22,454
1 BDRM Units: 1-( 8,364 / 14,333) x 25% x 200 = 20.82
2 BDRM Units: 1-( 10,500 /19,110) x 45% x 200 = 40.55
3 BDRM Units: 1-( 17,280 /22,454) x 30% x 200 = 13.83
TOTAL POINTS = 75.20
UNIT CREDIT.DOC (1/16)
EFFICIENT USE OF RESOURCES
REHABILITATION PARAMETER
CALCULATION:
TIDEWATER MSA
Family - 2 Bedroom Unit - Garden
Subject Contractor Costs / Total Units = $22,500
$22,500 - $15,000 = $ 7,500
$7,500 / $20,000 [$35,000-$15,000] = 0.3750
The $35,000, 2-Bedroom Parameter = $189,383
The $15,000, 2-Bedroom Parameter = $48,450
$189,383 - $48,450 = $140,933
$140,933 X 0.3750 = $52,850
$48,450 + $52,850 = $101,300
REHAB PARAMETER.DOC (1/16)
FF. Permanent Supportive Housing Certification
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page183
Page 1 of 2
Virginia Housing Permanent Supportive Housing Services Certification
Permanent Supportive Housing is housing consisting of units designated for individuals or families that
are homeless, at-risk of homelessness or who have multiple barriers to independent living.
Best practices are described by the U.S. Department of Health and Human Services:
http://store.samhsa.gov/shin/content/SMA10-4510/SMA10-4510-06-BuildingYourProgram-PSH.pdf
For consideration, provide all of the following:
1. Attach a list of developments for which you’ve provided permanent supportive housing services.
Describe the types of services that were provided.
2. A signed copy of an MOU with a local service provider agency(ies). If no MOU exists, the service
provider must sign this certification. If neither is available, provide an explanation for the lack of
demonstrated partnership and describe how the property will receive referrals and from whom
the residents will receive services.
3. Describe your target population(s).
4. List the types of supportive services to be offered.
5. Who will be providing supportive services?
6. What percentage of the total number of units will be marketed to and held available for tenants in
need of supportive services?
%
In addition, I/we certify the following:
Services
Tenant choice. Supportive housing tenants will have choices in what support services they
receive (i.e., not a limited menu of services). Individual Support Plans will reflect tenant-defined
needs and preferences. As supportive service tenants’ needs change over time, tenants can
receive more or less intensive support services.
Assertive outreach and engagement. The service team will use a variety of outreach and
engagement techniques to bring tenants into helping relationships.
Case management. Case managers will serve as the bridge between tenants and the supports
that help them achieve stability and long-term tenancy.
Recovery supports. Services will include at least one of the following:
Mainstream supports, e.g., income supports from public benefits programs, healthcare
from hospitals and clinics and employment help from vocational agencies
Specialized supports, e.g., life skills training, budgeting, medication management and
behavioral health treatment
Natural supports, e.g., connections with peers, family, community and faith communities
Page 2 of 2
Housing
Tenant choice. Supportive housing tenants will be able to choose where they want to live.
Tenants cannot be evicted from their housing for rejecting services.
Access. Supportive housing units will be available to people who are experiencing
homelessness, are precariously housed and/or who have multiple barriers to housing stability,
including disabilities and substance abuse.
Quality. Supportive housing units will be similar to other units in the project.
Integration. Supportive housing tenants with disabilities will have a right to receive housing and
supportive services in the most integrated settings available, including in buildings that include
neighbors who do not have disabilities and where there is access to an array of community
services and resources used by people with and without disabilities.
Rights of tenancy. Supportive housing tenant leases or subleases will confer full rights of tenancy,
including limitations on landlords’ entry into the property and the right to challenge eviction in
landlord-tenant court. Tenants can remain in their homes as long as the basic requirements of
tenancy are met—paying the rent, not interfering with other tenants’ use of their homes, not
causing property damage, etc. House rules, if any, are similar to those found in other housing.
Affordability. Supportive housing tenants should pay no more than 30% of their incomes toward
rent and basic utilities.
Coordination between housing and services. Property managers and support service staff will
stay in regular communication and coordinate their efforts to help prevent evictions and to
ensure tenants facing eviction have access to necessary services and supports.
Delineated roles. There will be a functional separation of roles, with the housing elements (rent
collection, property maintenance, enforcement of responsibilities of tenancy) carried out by
different staff than those providing services (case management, mental health treatment,
wraparound services).
The undersigned Owner certifies that each of the above statements is true and correct.
I/We agree that the commitment to provide supportive housing will remain in place throughout
the Compliance Period (as described in the Extended Use Agreement).
_____________________________
Date
___________________________________________
Owner/Applicant
By: _______________________________________
Its: ________________________________________
Title
__________________________________________
Service Provider
By: _______________________________________
Its: ________________________________________
Title
GG. List of Developments (Schedule A)
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page186
List of LIHTC Developments (Schedule A)
Development Name:
Name of Applicant:
INSTRUCTIONS:
1
2
3
4
Use separate pages as needed, for each principal.
Principal's Name:
Y or N
Development Name/Location
Name of Ownership Entity and
Phone Number
CGP or
'Named'
Managing
Member at
the time of
dev.? (Y/N)*
Total
Dev.
Units
Total Low
Income
Units
Placed in
Service Date
8609(s) Issue
Date
Uncorrected
8823's?
(
Y/N
)
Explain "Y"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
1st PAGE
TOTAL:
0 0 #DIV/0!
LIHTC as % of
Total Units
v.01.01.21
* Must have the ability to bind the LIHTC entity; document with
partnership/operating agreements and one 8609
(per
entity/development) for a total of 6.
Controllin
g
GP
(
CGP
)
or 'Named' Mana
g
in
g
Member of Proposed property?*
A Schedule A is required for every individual that makes up the GP or Managing Member - does not apply to
principals of publicly traded corporations.
For each property for which an uncorrected 8823 has been issued, provide a detailed explanation of the nature of
the non-compliance, as well as a status statement.
List only tax credit development experience since 2005 (i.e. for the past 15 years)
HH. Homeownership Plan Information
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia Housing LIHTCProgram LastModified:12/14/2020Page188
HomeownershipPlanInformation
Theplanmust:
1. BebasedonthepremisesoftheClevelandHousingNetworkLeasePurchase
Program;and
2. Providefortheaccumulationofafundresidentsmayaccesstosubsidizethe
deficitbetweenthepurchasepriceandthemaximumavailablemortgage
financingavailablebasedonthathousehold’sincome.
II. Developer Experience
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page190
DeveloperExperience
Inordertoqualifyforthesepointsthedeveloper must provide documentation for one
of the following:
Documentation:submitwiththeReservationApplicationcopiesof(1)threepreviously
issued8609s;(2)correspondingpartnershipagreementsoroperatingagreements;(3)
correspondingorgcharts,whichshowownershippercentages;(4)statementof
numberofunits(forpreviouslyissued8609s)
Documentation:submitwith(orpriorto)theReservationApplicationcopiesof(1)six
previouslyissued8609s;(2)correspondingpartnershipagreementsoroperating
agreements;and(3)correspondingorgcharts,whichshowownershippercentages.
Documentation: submitwiththeReservationApplicationfinancialstatements
audited,reviewed,orcompiledbyanindependentcertifiedpublicaccountant.Onlya
balancesheetdatedonorafterDecember31oftheyearpriortotheapplication
deadlineisrequired.Virginia Housingwillacceptacompilationreportwithorwithout
fullnotedisclosures.Supplementaryschedulesforallsignificantassetsandliabilities
mayberequired.Financialstatementspreparedinaccordancewithaccounting
principlesgenerallyacceptedintheUnitedStates(U.S.GAAP)arepreferred.
Statementspreparedintheincometaxbasisorcashbasismustdisclosethatbasisin
thereport.
Documentation:submitwiththeReservationApplicationcopiesof(1)apreviously
issued8609;(2)correspondingpartnershipagreementoroperatingagreement;(3)
correspondingorgchart,whichshowsownershippercentages;(4)statementof
numberofunits(forpreviouslyissued8609)
JJ. Final Inspection Process
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page192
Developer emails TC Allocation
Dept. with request for Final
Inspection.
TC Allocation Dept. emails
CCO that development Final
Inspection is ready to be
scheduled.
CCO contacts GC/Developer by
email to determine date and
time to be at development.
Final Inspection is completed
with all items completed and
provided.
CCO will email all participants and
copy TC Allocation Dept.
documentation stating which items
are outstanding.
Developer completes
outstanding items and emails
TC Allocation Dept. to
reschedule Final Inspection.
TC Allocation Dept. emails
CCO to reschedule Final
Inspection.
Inspection is completed with all
punch items satisfied.
CCO writes up report and
emails TC Allocation Dept. and
Developer.
Developer experience points
reduced on future applications if
multiple inspections
Developer contacts TC
Allocation Dept. to reschedule
inspection when all items are
complete.
TC Allocation Dept. charges
Developer inspection fee.
Yes
No
Final Inspection
Completed
Yes
No
Final Inspection
Completed
Yes,
However
New items found
need to be
completed.
Developer pays fee.
Final inspections will only be scheduled when all Certificates of Substantial Completion have been received by TC
Allocation Dept.
Process for Final Inspections
Final Inspection Process
Developer emails assigned Virginia Housing allocation officer when they are ready for their
final inspection.
o Allocation Officer will contact Construction Control Officer(CCO) to schedule
inspection
Construction Control Officer will contact General Contractor and/or Owner to determine final
inspection time and day
If all items are completed satisfactorily then final inspection is complete.
If items are remaining to be completed CCO will email all participants including TC department
stating which items are outstanding
Developer completes all outstanding items and emails Allocation Officer for 2
nd
Final
inspection
o Allocation Officer will notify CCO
o CCO schedules 2
nd
Final inspection
o If all items are completed satisfactorily then final inspection is complete.
If additional items are found needed to be completed but were not included in the initial report from
the CCO the next inspection will be treated as a first inspection. NOTE: Final inspection will only be
sched
uled after all Certificates of Substantial completion have been received (this includes New
Construction).
KK. Final Cost Certification
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page195
Low-Income Housing Tax Credit Application For IRS Form 8609
MANDATORY TAB G
Independent Auditors’ Report
Owner’s Name: XXXX
Project Name: XXXX
Project Number: VHDA # XX-XXX
We have audited the cos
ts included in the accompanying Virginia Housing Development Authority
(VHDA) Final Cost Certification (the “Final Cost Certification”) of XXXX (the “Owner”) for XXXX
(“the Project”) as of XXXX XX, 20XX. The Final Cost Certification is the responsibility of the Owner
and the Owner’s management. Our responsibility is to express an opinion on the Final Cost
Certification based on our audit.
We conducted our audit in accordance with generally accepted auditing standards. Those standards
require that we plan and perform the audit to obtain reasonable assurance about whether the Final Cost
Certification is free of material misstatement. An audit includes examining, on a test basis, evidence
supporting the amounts and disclosures in the Final Cost Certification. An audit also includes assessing
the accounting principles used and significant estimates made by management, as well as evaluating the
overall Final Cost Certification presentation. We believe that our audit provides a reasonable basis for
our opinion.
The accompanying Final Cost Certification was prepared in conformity with the accounting practices
prescribed by the Internal Revenue Service, under the accrual method of accounting, and in conformity
with the format and qualified allocation plan rules set by VHDA, which is a comprehensive basis of
accounting other than generally accepted accounting principles.
In our opinion the Final Cost Certification presents fairly, in all material respects, the actual costs of
$XXXX and eligible basis of $XXXX of the Owner for the Project as of XXXX XX, 200X, on the basis of
accounting described above.
This report is intended solely for the information and use of the Owner and the Owner’s management and
for filing with VHDA and should not be used for any other purpose.
We have no financial interest in the Project other than in the practice of our profession.
City, State
XXXX XX, 20XX
Actual Costs
30% Present
Value Credit -
Acquisition
30% Present
Value Credit -
Rehab/New
Construction
70% Present
Value Credit
Costs Ineligible
For Basis
Contractor Cost
Off-Site Improvements $0 $0 $0 $0 $0
Site Work $0$0$0$0 $0
Unit Structures (New) $0 $0 $0 $0 $0
Unit Structures (Rehab) $0 $0 $0 $0 $0
Accessory Building (s) $0 $0 $0 $0 $0
Asbestos Removal $0$0$0$0 $0
Demolition $0$0$0$0 $0
Commercial Space Costs $0$0$0$0 $0
Structured Parking Garage $0 $0 $0 $0 $0
General Requirements $0 $0 $0 $0 $0
Builder's Overhead $0 $0 $0 $0 $0
Builder's Profit $0$0$0$0 $0
Bonding Fee $0 $0 $0 $0 $0
Other: (Please list below)
$0 $0 $0 $0 $0
$0 $0 $0 $0 $0
$0 $0 $0 $0 $0
Contractor Cost Subtotal $0 $0 $0 $0 $0
Owner Costs
Building Permit $0 $0 $0 $0 $0
Architect/Engineer Design Fee $0 $0 $0 $0 $0
Architect Supervision Fee $0 $0 $0 $0 $0
Tap Fees $0 $0 $0 $0 $0
Soil Borings $0 $0 $0 $0 $0
Construction Loan $0 $0 $0 $0 $0
Construction Interest $0 $0 $0 $0 $0
Taxes During Construction $0 $0 $0 $0 $0
Insurance During Construction $0 $0 $0 $0 $0
Cost Certification Fee $0 $0 $0 $0 $0
Title and Recording $0 $0 $0 $0 $0
Legal Fees for Closing $0 $0 $0 $0 $0
Permanent Loan Fee $0 $0 $0 $0 $0
Other Permanent Loan Fees $0 $0 $0 $0 $0
Credit Enhancement $0 $0 $0 $0 $0
Mortgage Banker $0 $0 $0 $0 $0
Environmental Study $0 $0 $0 $0 $0
Structural/Mechanical Study $0 $0 $0 $0 $0
Appraisal $0$0$0$0 $0
Market Study $0 $0 $0 $0 $0
Operating Reserve $0 $0 $0 $0 $0
Tax Credit Fee $0 $0 $0 $0 $0
Other: (Please list below)
$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
$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
Owner Cost Subtotal $0 $0 $0 $0 $0
Developer's Fees $0 $0 $0 $0 $0
Owner's Acquisition Costs
Land $0 $0 $0 $0 $0
Existing Improvements $0 $0 $0 $0 $0
Owner's Acquisition Costs Subtotal $0 $0 $0 $0 $0
Total Development Costs $0 $0 $0 $0 $0
Note:
This schedule must be included as an attachment to the Independent Auditor's Report, which is submitted in connection
with the Owner's Application For IRS Form 8609. The information on this schedule must agree to such application.
Schedule of Final Cost and Eligible Basis
Property Name:
Date Prepared:
Eligible Basis Costs
LL. Certification of Sources and Uses (8609)
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page198
CERTIFICATION OF SOURCES AND USES
Development Name:
Owner Name:
This form is completed to certify the actual cost of a property’s construction and development and is to be
returned to Virginia Housing with the Application for IRS Form 8609.
OWNER CERTIFICATION
The owner hereby certifies the following:
1. In connection with the Application for IRS Form 8609 for the above-named development I have
obtained and attached an Independent Auditor’s Report and Schedule of Final Costs. I have
disclosed all costs and all uses of funding to the person or firm preparing such Report and Schedule
including all kickbacks, rebates, adjustments, discounts or gifts of value made or to be made to the
general contractor, architect or any corporation, trust, partnership, joint venture, or other legal or
business entity in which the aforementioned entities, or any of their members, stockholders, officers,
directors, beneficiaries, or partners hold any interest.
2. I have disclosed all of the development’s funding sources and uses, as well as its total financing,
and will disclose any future changes in funding to Virginia Housing in a timely manner.
3. I have provided Virginia Housing with the final Partnership Agreement or other ownership
agreement (as amended).
_____________________________ ___________________________________________
Date Owner
By: _______________________________________
Title:_______________________________________
SYNDICATION/INVESTOR CERTIFICATION
The limited partner/investor member hereby certifies the following:
1. The Final Partnership Agreement or other ownership agreement (as amended) attached to this
Certification is in full force and effect and has not been changed, altered, amended or modified.
2. There are no agreements among the limited partner/investor member, general partner/managing
member and the Owner other than as set forth in the Partnership Agreement, including exhibits,
and the limited partner/investor member is not obligated to make any contribution to the Owner or
to the General Partner or its affiliates which is not included in the Partnership Agreement, including
exhibits.
3. In connection with the Owner’s Application for IRS Form 8609, we have reviewed the Owner’s
Certification above and the Independent Auditor’s Report and Cost Certification. We believe this
information to be complete and accurate.
_____________________________ ___________________________________________
Date Limited Partner/Investor Member
By: _______________________________________
Title:_______________________________________
_____________________________________________________________
______________________________________________
MM. Qualified Contract Request Process
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page200
12/2/2019 Page 1 of 4
Qualified Contract Request Procedure
After the last day of the fourteenth year of the compliance period of the last building
placed in service or the last year of a multiple allocation, an eligible owner of a project utilizing
federal low-income housing tax credits may request a QC pursuant to IRC §42(h)(6)(E) for the
acquisition of the low-income portion of the development.
For example, if five buildings in the project began their credit periods
in 1990 and one started in 1991, the 15
th
year for the purposes of a
Request would be 2005.
If the project received its first allocation of $500,000 in 1990 and a
subsequent award of $25,000 in 1992, the 15
th
year for the purposes
of a Request would be 2006.
The following procedure sets forth the terms and conditions project owners must
follow in order for the Virginia Housing Development Authority (the “Authority”) to administer
qualified contract (“QC”) requests.
All principals in the ownership of a development requesting a Qualified Contract in
Virginia will be prohibited from receiving an allocation of tax credits beginning January 1, 2019.
Notice of Intent to File Request (Preliminary Application)
Between January 1 and January 31 of each year, the Authority will accept Preliminary
Applications (“PAs”) from owners (“Owners”) of projects utilizing federal low-income housing
tax credits to determine their eligibility to submit a request for a QC (“a Request.”) The Owner
must submit the following with the Preliminary Application:
a) first year 8609s showing Part II completed;
b) copies of all uncorrected 8823s (if any);
c) documentation regarding right of first refusal for purchase and waivers thereof
(if any);
d) cash-flow statements for the previous 12 months;
e) $20,000 non-refundable administrative fee.
After receiving the PA, the Authority will schedule a mandatory meeting with the
applicant. The Authority shall determine the eligibility of an Owner to submit a Request by
confirming the following:
(i) the owner did not waive its right to request a QC during the allocation of the tax
credits;
(ii) the tax credit property meets the basic physical compliance standards that are
necessary to claim credits— an on-site physical inspection will be conducted during
the preliminary review to confirm; and
12/2/2019 Page 2 of 4
(iii) the owner has secured waivers of any purchase options and rights of first refusal
connected to the property.
Therefore, each PA must address each of the preceding three items. If after the review
of the PA, the Authority determines the Owner is not eligible to submit a Request, the
Authority will notify the Owner in writing of the reason why, and the Owner may re-apply up to
one additional time in subsequent rounds. Any owner that waived its right to request a QC
during the allocation of the tax credits is ineligible to submit a Request. Waivers of purchase
options and rights of first refusal connected to the property may not be conditioned upon the
Authority presenting a QC to the owner.
In addition to addressing basic eligibility as explained above, each Owner shall provide
cash-flow statements for the previous 12 months and certify in its PA that it has all the
necessary documentation to submit a Request. The PA will not bind the Owner to submit a
Request and does not start the one-year period (“1YP”) defined in §42(h)(6)(I). An Owner may
only submit 2 preliminary applications for a property, regardless of whether they move
forward with an official request or are disqualified as part of the preliminary review.
Filing a Request
The Authority will accept Requests from July 1 through July 31 of each year from
Owners who submitted a PA and have been determined by the Authority to be eligible to
submit a Request.
The Owner files a Request by filing with the Authority such documents and additional
information as may be requested in order to comply with the IRC and these procedures and to
determine the QC price in accordance with §42(h)(6)(F) (collectively the “Application.”) The
Executive Director may reject any Application from consideration for a QC if the Owner does
not provide the proper documentation or information. The 1YP does not start until the Owner
submits a complete Application with all required documents to the satisfaction of the Authority
and a QC price has been agreed upon by both parties.
The Application shall include the Owner’s proposed QC price. Such proposed QC price
shall include an opinion of an independent certified public accountant or other assurances
satisfactory to the Executive Director, setting forth the calculation of the QC price requested in
the Application and certifying, among other things, that the Owner is entitled to the QC price
requested. In addition, the Owner must submit the following items with the Application:
a) annual partnership federal tax returns for all 15 years of operation since the
start of the credit period (“all years”);
b) audited annual project financial statements for all years;
c) loan documents for all secured debt during the compliance period;
d) partnership agreement (original, current and all interim amendments);
e) title report;
f) final cost certification, including detailed sources;
g) an additional $20,000 non-refundable administrative fee; and
12/2/2019 Page 3 of 4
h) a $30,000 deposit for anticipated third-party costs.
The deposit for anticipated third-party costs may be used by the Authority to pay for:
a) an accountant to confirm the QC price requested in the application;
b) a physical needs assessment for the entire project;
c) an appraisal for the entire project;
d) a market study for the entire project; and,
e) a Phase I environmental (and a Phase II, if necessary).
If third-party costs exceed the Owner’s deposit, the Authority shall make a request for
an additional deposit or deposits. The Owner shall continue to make additional deposits to
cover such costs in increments of $10,000 until all such costs are covered. The processing of
the Request will be suspended during any time an additional deposit has been requested from
the Owner until such funds are received from the Owner. If requested funds are not received
within 15 days of notice to the Owner the processing of the Request will be terminated.
When the Owner submits its Request, it is authorizing the Authority to start spending
the funds on deposit to pay for the items listed as ‘anticipated third-party costs’ (a) to (e),
above. The 1YP will start on the date a valid price has been determined and accepted by both
parties. A valid Request is a complete Application from an eligible Owner. The 1YP shall be
suspended during any period of time during which the Authority is waiting for additional
documentation from the Owner (or agents of the Owner) determined by the Authority (or
professionals or agents hired by the Authority) to be necessary to determine the QC price.
The Owner may choose to cancel the Request at any time and any remaining funds in
the deposit shall be returned to the Owner. There is a maximum of 2 requests per property.
Marketing of Property
Once the final request has been processed and the QC price has been established, the
property will be posted for sale on VHDA’s website. All documents the Authority deems
relevant to the marketing and sale of the property will also be posted. All contacts on VHDA’s
interested parties list will be notified of the available property. Virginia Housing reserves the
right to hire a broker payable from the applicant’s deposit.
Virginia Housing will schedule tours of the property with potential buyers, as needed. A
notice of the scheduled visit will be provided to on-site property management a minimum of 48
hours prior to the tour. In submitting the QC request, the Owner agrees to cooperate with
marketing in all reasonable respects and if the property deteriorates below the level necessary
to claim credits, the 1 YP will be suspended until the property is brought back in to compliance.
If Virginia Housing determines that the Property is a high priority asset, and
the loss of affordable housing units would have a severe adverse effect on the local
market, Virginia Housing may provide incentive to a third party purchaser or may elect to
purchase the property.
12/2/2019 Page 4 of 4
Presentation of a Qualified Contract
The Authority will create a standard form contract to use when presenting the QC that
includes basic real estate transaction terms and that is as close to a contingency-free contract
as possible. The Owner and the proposed buyer would be free to negotiate different
transaction terms prior to closing; however, failure of such negotiations does not negate the
following paragraph.
Under IRC §42(h)(6)(E)(i)(II), the Authority’s only obligation is to “present” to the Owner
a bona fide contract signed by a prospective buyer to acquire the Owner’s project for the QC
price (“the Contract.”) When the Authority presents the Contract to the Owner, regardless of
when or if the Contract is fulfilled, the possibility of terminating the extended use period is
removed for the remainder of the affordability period and the project remains bound to the
provisions in, and may not terminate, the extended use agreement. Whether or not the
Owner actually executes the contract and closes the transaction is a separate, legally unrelated
question.
General Rules
In keeping with the clear purpose of IRC § 42, the Authority will resolve every case of
doubt or interpretation in determining the QC price, both with regard to the overall process
and particular projects, in favor of a lower QC price.
Disputes resulting from unreasonable, unprofessional, and/or bad faith conduct on
behalf of the Owner, may result in Virginia Housing issuing a written determination that
no further Qualified Contract Agreements will be presented to the Property, and VHDA’s
obligation to present a Qualified Contract has been met.
The Authority may add to or amend these procedures at any time. Before submitting
an Application, please visit the website to obtain the most current information.
Please direct questions to Stephanie Flanders, Associate Tax Credit Allocation Officer,
804-343-5939 or email: stephanie.flanders@virginiahousing.com.
2020 Page 1 of 3
Qualified Contract Request - Preliminary Application
Please complete and return with the required documentation to:
Virginia Housing Development Authority
601 S. Belv
i
dere Street
Richmond, VA 23220
Please Direct Questions to: Stephanie Flanders, Senior Tax Credit Allocation
Officer Phone (work): 804-343-5939
Officer Phone 2 (work cell): 804-944-0254
Email: Stephanie.flanders@virginiahousing.com
1. Name and address of project:
Project Name
Street
City, State, Zip ,
2. Information on partners in the ownership entity: (please list any additional partners on an
attachment)
Name
Street
City, State, Zip ,
Phone Number General Partner Limited Partner
Name
Street
City, State, Zip ,
Phone Number General Partner Limited Partner
Name
Street
City, State, Zip ,
Phone Number General Partner Limited Partner
3. Project details:
a) How many buildings are in the project?
b) What are the dates t
hat each building was placed in service and the first year in which it
claimed credits? Please provide copies of original 8609’s for each building. (Please list
information on additional buildings on an attachment.)
Building Identification No.
(BIN)
Placed In Service Date 1
st
Year Credits Claimed
2020 Page 2 of 3
Building Identification No.
(BIN)
Placed In Service Date 1
st
Year Credits Claimed
c) Does the Extended Use Agreement reflect that the owner may request that Virginia Housing present
a Qualified Contract?
Yes No
d) Is the project mixed income (contains unrestricted units)?
Yes No
e) Does the partnership agreement or other legal documentation grant any form of
preference for purchasing the project? (For example, a right of first refusal granted to a
nonprofit partner.)
Yes No If yes, please provide the relevant documentation
and information on the individual or entity holding such right.
Name
Address 1
Address 2
City, State, Zip ,
Phone Number
f) The owner has obtained a waiver of the above option or right of first refusal? Yes No
If yes, attach copy of waiver.
If no, explain.
4. Noncompliance:
a) Has the
project been cited for any violations that have required an 8823 to be filed with
the IRS that remain uncorrected?
Yes No If yes, please state the nature and
date of the violation (include copies of all uncorrected 8823s).
Nature of Violation Violation Date
2020 Page 3 of 3
b) Does the property currently rate unsatisfactory under VHDA’s Inspection Process for
Evaluating Performance by Owners and Managers?
Yes No
If no, explain.
c) Does t
he property currently meet the basic physical compliance standards that are
necessary to claim credits?
Yes No
If no, explain.
5. Affordability
Restrictions:
a) Is the project subject to additional affordability restrictions due to loan agreements (i.e.
USDA Rural Development, state/local funding, etc)?
Yes No
If yes, please submit copy of loan agreement.
b)
Does the property have project based rental assistance?
Yes No
If yes, how many years beyond the compliance period must the project maintain
affordability restrictions?
6. Property Operations:
a
) Has the property operated with negative cash flow for at least the 12 months prior to filing the
QC request?
Yes No
If yes, provide audited financials detailing the property’s negative cash-flow.
(
b) If no, what necessitates the need to be released from the extended compliance period?
I certify, to
the best of my knowledge and belief, that all factual information provided herein or in
connection herewith is true and correct and that I will at all times indemnify and hold harmless the
Authority and its assigns against all losses, costs, damages, the Authority’s expenses, and liabilities of
any nature directly or indirectly resulting from, arising out of, or relating to the Authority’s acceptance,
consideration, approval, or disapproval of this Application. I understand and agree that the one-year
period during which the Authority may offer a contract will not begin until the Authority receives the final
application and all supporting documentation required therein to include the following:
a) first year 8609’s showing Part II completed,
b) annual partnership federal tax returns for all 15 years of operation since the start of the
credit period (“all years”),
c)
annual project financial statements for all years,
d) loan documents for all secured debt during the credit period,
e)
partnership agreement (original, current and all interim ame
ndments).
Owner
By:
Signature
Printed Name of Signatory
2020
Date
NN. Hybrid 9% - 4% Deal Parameters
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:12/14/2020Page209
HYRBID(9%/4%)DealParameters
Combinationdevelopmentsseekingboth9%and4%creditsmustadheretothefollowing:
Allunitsutilizingboth9%and4%creditsmustclearlybepresentedastwoseparately
financeddealsincludingseparateequitypricingthatwouldsupporteachrespectivedeal
intheeventtheotherwerenolongerpresent.
Whiledealsarerequiredtobeonthesameoracontiguoussitetheymustbeclearly
identifiableasseparate.Thisshouldincludesignageandmarketingmaterialsforboth.
WhiletheAuthorityprefersseparatebuildings,ifco‐locatedwithinthesamebuilding
footprintthepropertymustidentifyseparateentrances,stairwellsandelevators.
Further,theabilitytocreateaseparateleasingspacemustexist.
Theunitsfinancedbytaxexemptbondsmaynotbeinterspersedthroughoutthe
development(nounitchecker‐boarding).
Theabilitytogenerateanappraisalforboththe9%and4%sideofthedevelopment
mustexist.
AllapplicantsseekingpointsinthiscategorymustarrangeameetingwithAuthoritystaffatthe
Authority’sofficespriortothedeadlineforsubmissionoftheapplicationinordertoreview
boththe9%andthetaxexemptbondfinancedportionoftheproject.Anyapplicantfailingto
meetwithAuthoritystaffinadvanceofapplyingwillnotbeallowedtocompeteinthe
currentcompetitiveroundasacombinationdevelopment.
Duringthismeetingdevelopmentprofessionalscanexpecttodiscussthefollowingtopics
relativetothehybriddeal:
• Reviewrequirements/timingforthe4%sideandpenaltiesif4%doesn’tcometo
fruition
• Whowillbeissuingbonds?
• Structureofbothprojects–separatelegalparcels,separatecondominiums,
separategroundleases?
• Whoissyndicator/investorandwhatrole,ifany,dotheywantinfinancingof
deal?
• Aretheattorneysandaccountantsversedin9/4combosandhowtotracefunds
betweendevelopments?
• ConstructionMonitoring
• Amenities.Whataretheamenitiesandonwhichsidearetheylocated?
Virginia Housing mustapprovecross‐easementsforuseofamenities,charges
foruseofamenities anddeterminationthatamenitiessufficientforboth
developments.Ifonesideis anelderlydevelopment,doesithaveitsown
entranceandleasingoffice?
• T/Ebondissues.(i)Tobeincludedinbonddeal,mustmeetVirginia Housing
deadlineson currentbondschedule;(ii)mustprovidealldocumentationin
Finance’slist,e.g.
bond questionnaire; and (iii) comply with Virginia Housing standard Special
ConditionsforT/E bond financing – including review and approval of plans
and specs and constructioncontractearlyintheprocess.
TenantRelocationissues.Arethereany?
PlansandSpecifications.Howfararethesealongforbothsidesofthehybrid?
IfseekingVirginia Housingfinancing,thefollowingmaybecovered:
• Localityfinancingissues
• Virginia HousingLoaninbalance
• Retainage/Contingency
• General Contractor. Is the GC familiar with Virginia Housing
Construction Contract provisions re: 10% completion assurance LOC,
release of retainage at 90%completion,storedmaterials,etc.
• GAPloans.T/Eshort‐termloantomeetthe50%testmustbesecured100%bya
letterofcredit.
• MUMI.Virginia HousingstatutoryrequirementsmustbemetifMIorMIwith
MU.
• GroundLeases.Groundleasesmustbe“subordinated”toVHDA’sDeedofTrust
(landlordjoinsinD/TtosubjectitsinteresttothelienofD/T).Exceptionexistsfor
leasefromalocality,withaVirginia HousingBoardresolutionandaleaseina
formapproved byVirginia Housing.
• Condo issues. Virginia Housing must approve condominium documents.
Virginia Housing Borrower musthavecontrollingvotinginterestincondominium
association.
• Coordination of Closing. Typically need to close both loans atsame timeb/c
purchasingthelandsimultaneously.
OO. Non-profit Questionnaire
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:02/04/2021Page212
2021 Page 1 of 8
Non-profit Questionnaire
Part II, 13VAC10-180-60, of the Qualified Allocation Plan (the “Plan”) of the Virginia Housing
Development Authority (the "Authority") for the allocation of federal low income housing tax credits
("Credits") available under §42 of the Internal Revenue Code, as amended (the "Code")
establishes certain requirements for receiving credits from the non-profit pool established under
the Plan and assigning points for participation of a non-profit organization in the development of
qualified low-income housing.
Answers to the following questions will be used by the Authority in its evaluation of whether or not an
applicant meets such requirements. Attach additional sheets as necessary to complete each
question.
1.
General Information
• Address of principal place of business of non-profit entity:
• Tax exempt status:
501(c)(3)
501(c)(4)
501(a)
•
Date of IRS 501(c)(3) or 501(c)(4) determination letter (must be prior to application
deadline and copy must be attached):
• Describe exempt purposes (must include the fostering of low-income housing in its articles
of incorporation):
• Name of development:
• Name of owner/applicant:
• Name of non-profit entity:
• Date of legal formation of non-profit (must be prior to application deadline);
evidenced by the following documentation:
• How many full time, paid staff members does the non-profit and, if applicable, any other non-
profit organization(s) ("related non-profit(s)") of which the non-profit is a subsidiary or to which
the non-profit is otherwise related have (i.e. by shared directors, staff, etc.)?
How many part time, paid staff members?
Describe the duties of all staff members:
Non-profit Questionnaire, cont’d
2021 Page 2 of 8
• Does the non-profit share staff with any other entity besides a related non-profit described
above?
• What are the sources and manner of funding of the non-profit? (You must disclose all
financial and/ or the arrangements with any individual(s) or for profit entity, including
anyone or any entity related, directly, indirectly, to the Owner of the Development
• List all directors of the non-profit, their occupations, their length of service on the board,
and their residential addresses:
2.
Non-profit Formation
• If this is your first Non-profit Questionnaire in Virginia please
explain in detail the genesis of the formation of the non-profit; otherwise please skip this question:
Yes No If yes, explain in detail:
•
Is the non-profit, or has it ever been, affiliated with or controlled by a for-profit entity or
local housing authority?
Yes No If yes, explain in detail:
• Has any for profit organization or local housing authority (including the Owner of the
Development, joint venture partner, or any individual or entity directly or indirectly related
to such Owner) appointed any directors to the governing board of the non-profit?
Yes No If yes, explain:
•
Does any for-profit organization or local housing authority have the right to make such
appointments?
Yes No If yes, explain:
Non-profit Questionnaire, cont’d
2021 Page 3 of 8
• Does any for profit organization or local housing authority have any other affiliation with
the non-profit or have any other relationship with the non-profit in which it exercises or has
the right to exercise any other type of control?
Yes No,
If yes, explain:
• Was the non-profit formed by any individual(s) or for profit entity for the principal purpose
of being included in the non-profit Pool or receiving points for non-profit participation
under the Plan?
Yes No
•
Explain any experience you are seeking to claim as a related or subsidiary non-profit.
3.
Non-profit Involvement
• Is the non-profit assured of owning an interest in the Development (either directly or
through a wholly owned subsidiary) throughout the Compliance Period (as defined in
§42(i)(1) of the Code)?
§Yes No
(i) Will the non-profit own at least 10% of the general partnership/owning entity?
Yes No
(ii)
Will the non-profit own 100% of the general partnership interest/owning entity?
Yes No
If no to ei
ther 3a.i or 3a.ii above, specifically describe the non-profit's ownership interest:
•
(i) Will the non-profit be the managing
member or managing general partner?
specifically referenced?
(ii)
Will the non-profit be the managing member or own more than 50% of the general
partnership interest? Yes No
Yes No If yes, where in the partnership/operating agreement is this provision
• Will the non-profit
have the option or right of first refusal to purchase the proposed
development at the end of the compliance period for a price not to exceed the
outstanding debt and exit taxes of the for-profit entity?
Yes No If yes, where in the partnership/operating agreement is this provision
specifically referenced?
Non-profit Questionnaire, cont’d
2021 Page 4 of 8
Recordable agreement attached to the Tax Credit Application as TAB V
If no at the end of the compliance period explain how the disposition of the assets will be
structured:
• Is the non-profit materially participating (regular, continuous, and substantial participation) in
the construction or rehabilitation and operation or management of the proposed
Development?
Yes No If yes,
(i) Describe the non-profit's proposed involvement in the construction or
rehabilitation of the Development:
(ii) Describe the nature and extent of the non-profit's involvement in the operation or
management of the Development throughout the Extended Use Period (the entire
time period of occupancy restrictions of the low-income units in the Development):
(iii)
Will the non-profit invest in its overall interaction with the development more than 500
hours annually to this venture? Yes No If yes, subdivide the annual hours by
activity and staff responsible and explain in detail:
• If this is a joint venture, (i.e. the non-profit is not the sole general partner/managing
member), explain the nature and extent of the joint venture partner's involvement in the
construction or rehabilitation and operation or management of the proposed
development.
• Is a for profit entity providing development services (excluding architectural,
engineering, legal, and accounting services) to the proposed development?
Yes No If yes,
(i) explain the nature and extent of the consultant’s involvement in the construction or
rehabilitation and operation or management of the proposed development.
• Will the non-profit or the Owner (as identified in the application) pay a joint venture partner
or consultant fee for providing development services?
amount and source of the funds for such payments.
Yes
No If yes, explain the
Non-profit Questionnaire, cont’d
2021 Page 5 of 8
• Will any portion of the developer’s fee which the non-profit expects to collect from its
participation in the development be used to pay any consultant fee or any other fee to a
third party entity or joint venture partner? Yes No If yes, explain in detail the
amount and timing of such payments.
• Will the joint venture partner or for-profit consultant be compensated (receive income) in
any other manner, such as builder’s profit, architectural and engineering fees, or cash flow?
Yes No If yes, explain:
• Will any member of the board of directors, officer, or staff member of the non-profit participate
in the development and/or operation of the proposed development in any for-profit capacity?
Yes No If yes, explain:
• Disclose any business or personal (including family) relationships that any of the staff
members, directors or other principals involved in the formation or operation of the non-
profit have, either directly or indirectly, with any persons or entities involved or to be
involved in the Development on a for-profit basis including, but not limited to the Owner of
the Development, any of its for-profit general partners, employees, limited partners or any
other parties directly or indirectly related to such Owner:
Non-profit Questionnaire, cont’d
2021 Page 6 of 8
4.
Virginia and Community Activity
• Has the Virginia State Corporation Commission authorized the non-profit to do business in
Virginia? Yes No
• Define the non-profit’s geographic target area or population to be served:
• Does the non-profit or, if applicable, related non-profit have experience serving the
community where the proposed development is located (including advocacy, organizing,
development, management, or facilitation, but not limited to housing initiatives)?
Yes No If
yes, or no, explain nature, extent and duration of any service:
• Does the non-profit’s by laws or board resolutions provide a formal process for low income,
program beneficiaries to advise the non-profit on design, location of sites, development
and management of affordable housing? Yes No If yes, explain:
• Has the Virginia Department of Agriculture and Consumer Services (Division of Consumer
Affairs) authorized the non-profit to solicit contributions/donations in the target community?
Yes No
• Does the non-profit have demonstrated support (preferably financial) from established
organizations, institutions, businesses and individuals in the target community?
Yes No If yes
, explain:
• Has the non-profit conducted any meetings with neighborhood, civic, or community groups
and/or tenant associations to discuss the proposed development and solicit input? Yes
No If yes, des
cribe the general discussion points:
• Are at least 33% of the members of the board of directors representatives of the community
being served? Yes No If yes,
(i) low-income residents of the community? Yes
No
(ii)
elected representatives of low-income neighborhood organizations? Yes No
Non-profit Questionnaire, cont’d
2021 Page 7 of 8
• Are no more than 33% of the members of the board of directors representatives of the
public sector (i.e. public officials or employees or those appointed to the board by public
officials)? Yes No
• Does the board of directors hold regular meetings which are well attended and accessible to
the target community? Yes No If yes, explain the meeting schedule:
• Has the non-profit received a Community Housing Development Organization (CHDO)
designation, as defined by the U. S. Department of Housing and Urban Development’s
HOME regulations, from the state or a local participating jurisdiction? Yes No
• Has the non-profit been awarded state or local funds for the purpose of supporting
overhead and operating expenses? Yes No If yes, explain in detail:
• Has the non-profit been formally designated by the local government as the principal
community-based non-profit housing development organization for the selected target
area? Yes No If yes, explain:
• Has the non-profit ever applied for Low Income Housing Tax Credits for a development in
which it acted as a joint venture partner with a for-profit entity? Yes No If yes, note
each such application including: the development name and location,
the date of
application, the non-profit’s role and ownership status in the development, the name and
principals of the joint venture partners, the
name and pr
in
cipals of the general contractor,
the name and principals of the management entity, the result of the application, and the
current status of the development(s).
• Has the non-profit ever applied for Low Income Housing Tax Credits for a development in
which it acted as the sole general partner/managing member? Yes No If yes, note
each such development including the name and location, the date of the application, the
result of the application, and the current status of the development(s).
• To the best of your knowledge, has this development, or a similar development on the
same site, ever received tax credits before? Yes No
• Has the non-profit completed a community needs assessment that is no mor
e than three
years old and that, at a minimum identifies all of the defined target area’s housing needs
and resources? Yes No If yes, explain the need identified:
Non-profit Questionnaire, cont’d
2021 Page 8 of 8
5.
Attachments
Documentation of any of the above need not be submitted unless requested by VHDA
The undersigned Owner and non-profit hereby each certify that, to the best of its knowledge, all
of the foregoing information is complete and accurate. Furthermore, each certifies that no
attempt has been or will be made to circumvent the requirements for non-profit participation
contained in the Plan or Section 42 of the Internal Revenue Code.
Date
Owner/Applicant
By:
Its:
Title
Date
Non-profit
By:
Board Chairman
By:
Executive Director
PP. 2019-2021 Minimum Design and Construction Requirements
Virginia HousingLowIncomeHousingTaxCreditManual Version: 2021.2
Virginia HousingLIHTCProgram LastModified:01/07/2021Page221
1
VHDAMultifamilyDevelopment–01/07/2021
VirginiaHousingDevelopmentAuthority
2021MinimumDesignandConstruction
Requirements
RequirementsforAllDevelopments
The following requirements were created to address issues related to the design, construction,
maintenance, marketing, life cycle costs and a esthetic concerns for developments utilizing low income
housingtaxcredits(LIHTC),and/ordevelopmentsfinancedbytheVirginiaHousingDevelopmentAuthority
(VHDA).SubmissionrequirementsforVHDAloanapplicationsarelistedontheArchitectural&Engineering
ReviewsheetwhichcanbefoundattheconclusionoftheMinimumDesignandConstructionRequirements
(MDCR).SubmissionrequirementsfortheLIHTCprogramarecontainedinthetaxcreditapplication.
Drawings,specificationsandscope ofworkaretocomplywiththelatestapplicableissueoftheVirginia
UniformStatewideBuildingCode(USBC)
2
,InternationalBuildingCode(IBC)
3
,otherapplicableVirginiaand
nationalcodes,requirementsoflocalities,prevailingdesignandconstructionpracticesandtheMinimum
Design and Construction Requirements of VHDA.Installation of materials, equipment, products, and
buildingsystemsaretobeperthemanufacturers’requirements,specifications,andrecommendations.All
developmentsaretocomplywithaccessibilityrequirementsofUSBC.
RequirementsforNewConstruction
1. Finishedfloorelevationsofbuildingsaretobeaminimumof8incheshigherthantheadjoiningfinished
grade.Whenachievingan8‐inchheightseparationisnotfeasible,duetoaccessibilityrequirementsor
otherconditions,provideanalternatesolutionacceptabletoVHDA.
2. Areasaroundbuildingsaretobegradedtohaveaminimum5%slopeawayfromfoundationwallsfora
minimumdistanceof10feet,perIBC.Installyarddrains,storminlets,ordrainagepipesunderconcrete
walkstodrainproperlyifthespacebetweenfoundationwallsandconcretewalksislessthan10feet.
Drainage systems are to be designedto avoid water drainage oversidewalks.Provide an alternate
drainagesolutionacceptabletoVHDA:
a. whenbuildingsarecloserthan10feettoconcretewalks
b. whenaminimum5%slopeisnotfeasible
c. toavoidwaterdrainingoversidewalks
d. ataccessibleentrances,whenapplicable
1
The2021VHDAMinimumDesignandConstructionRequirementsapplytoVHDAloanswitha2021application
date,aswellasdevelopmentsreceivingFederalLow‐IncomeHousingTaxCreditallocationsforyear2021.
2
(USBC2015)VirginiaUniformStatewideBuildingCode(LatestapplicableeditionasreferencedbytheUSBC)
3
(IBC2015)InternationalBuildingCode(LatestapplicableeditionasreferencedbytheIBC)
SITEWORK
2
VHDAMultifamilyDevelopment–01/07/2021
3. Install seamless gutters and downspouts, or an internal drainage system for all buildings.When
dischargingongradessteeperthan20%,orlessthan1%,w aterfromguttersanddownspoutsistobe
pipedundergroundtoastormsewersystem,ortodaylightatgradesthatwillavoidsoilerosion.
4. Pavingdesignsaretobebaseduponthesoilreport,CaliforniaBearingRatio(CBR)ofthesoil, traffic
count,andloading.Alldrivelanesofparkinglotsaretobedesignedfordumpstertrucks.Parkingbays
mayhavelighterpavingthanthedrivelanesofparkinglots.
5. Extendconcretedumpsterpadsatleast12feetintotheasphaltsothattheloadbearingwheelsoftrucks
restonconcretewhileservicingthedumpsters.
a. Thicknessofconcreteistobeaminimumof6incheswithreinforcement.
b. Dumpsters and/or compactors accessed via an accessible route are to meet accessibility
requirements.
c. Installaprivacyscreenonatleastthreesidesofalldumpsterand/orcompactorpads.
6. Minimumwidthofsidewalksistobe3feet.Sidewalksthatarelocatedperpendiculartoparkingspaces
aretobeaminimumof5feetwideexcludingcurbor3feetwidewith2feetofspacebetweenthe
sidewalks and curbs.Provide gravel and sand base under walks when required by the soil report.
Providecontrolandexpansionjoints.
7. Sitelightingshallnotbeobstructedbytrees.
8. Gradetoavoidstandingwater.Providea smoothlygradedtransitionfromdisturbedtoundisturbed
areas.Finishgradewithcleantopsoil.Seedandstraw,and/orlandscapeallbareanddisturbedareas.
Providegroundcovermaterialsorsodforslopessteeperthan20%.Providefoundationplantingsinthe
frontofallbuildings.Cleansiteanddisposeofallconstructiondebris.Grassmustbeestablishedprior
toprojectcloseout.
1. ROOFING
a. Roofsheathingthicknessistobeaminimum of
15
/
32
‐inch‐thickplywoodor
15
/
32
inchOSB.Install
sheathingwithclips.ZIPSystemroofsheathingorsimilarproductsarenotaccepted.
b. Installdripedgeonallsidesoftheroof.
c. Install ice barrier extending from eave's edge to a point 24 inches beyond the exterior wall
cladding.
d. Roof shingles are to be a minimum 25‐year, anti‐fungal product, and are to be nailed (not
stapled).
e. Flatroofstohaveaminimum20‐yearmanufacturer’swarranty.
2. Provide permanent access to all flat roofs.Access to be easily reachable and locatedinan interior
commonarea.
3. Installwalkpadsthatprovideaccesstoallrooftopcondenserunits.
4. Provideroofs/overhangsoverthefrontentrancedoorstoallunitsthatareaccesseddirectlyfromthe
exterior.Provideaminimum30inc hesofoverhangalongthefrontand12inchesalongeachsideofthe
door;orthedoormaybesetbackaminimumof24inchesfromthefaceoftheexteriorwall.
ARCHITECTURAL
3
VHDAMultifamilyDevelopment–01/07/2021
5. Stairstoapartmentunitswherestairhallsarenotenclosedaretobeprotectedfromweatherbydesign
features,suchas,settingbackstairsaminimum5feetfromtheexteriorwalland/orinstallingaroof
overhangatthesecondfloorlevel,projectingaminimumof5feetbeyondthefirstriser.
6. Crawlspacestobefreeofdebrisandwater.Provideaminimum6milvaporbarrieratfloorwithseams
overlapped12inches.Edgesandseamstobetaped.
7. Installwaterproofingonexteriorwallsuptofinishedgradewherefinishedfloorsarebelowadjoining
finishedgrades.Providea10‐yearmaterial/manufacturer’swarranty.
8. Installweepholesinbrickveneeratfoundationwalls,overlintels,andreliefangles.
a. Weepholesatfoundationwallsaretobeaminimum6inchesabovefinishedgrade.
b. Providemortarmeshtopreventblockageofweepholes.
c. Providecontinuousflashingatallweepholesandenddamsatflashingterminations.
9. Atmasonryandprecastwindowsills,andcapsformasonryveneerwallsthatdonotterminatedirectly
underroofs, provideapositivesloperesultinginaminimum¾inchdifferentialoverthelengthofthe
sil/cap.
10. Allwoodframingincontactwithconcreteormasonryistobeoftreatedwood.
11. Providesillsealerforsillplatesatallexteriorwalls.
12. Allbrickveneerorsidings,suchasvinyl,aluminum,woodandfibercementboard,aretohaveasolid
backing of plywood, OSB, gypsum, or similar material.Siding and brick are to be installed over an
independentdrainageplane,suchasTyvek®orequal.Fastensidingtoframingwithnailspenetratinga
minimum¾of an inch into studs.Installpre‐manufacturedmountingblocks for all penetrations in
sidingsuchaselectrical,plumbing,HVAC,etc.
EXCEPTION: Exterior wall sheathingsystemswith integrated drainage planes may be used when
observationreportsareprovidedbythemanufacturerandthefollowingconditionsaremet:
1) Pre‐installation
a) General Contractor to hold pre‐installation meeting with architect and manufacturer
priortoinstallation.Manufacturer’sobservationreportstoincludedocumentationof
meeting.
b) Manufacturers’flashingdetailsincludingwindows,doors,jointsandpenetrationsmust
bemaintainedonsite.
c) Storematerialstomeetmanufacturer’srequirements.
2) Installation
a) Theintegraldrainageplanemustbe preserved.Usemanufacturer’sapprovedproducts
includingtape,tapegunandroller.
b) Whenweatherconditions warrant,followmanufacturer’srequirementsfor inclement
weatherinstallationandstorageofmaterials.
c) Manufacturer’srepresentativetoreviewthefinalinstallationtoconfirmallrequirements
aremetpriortoinstallationofexteriorcladding.Manufacturer’sobservationreports
documentinginstallationacceptanceisrequiredandmustbemaintainedonsite.
13. Allpaneltypesidingtobeinstalledoververticalfurringtoallowadequate drainageandventilation,or
providesidingproductwithintegratedventedrainscreen.
4
VHDAMultifamilyDevelopment–01/07/2021
14. Theuseoffoilfacedsheathingisprohibited.
15. Thebottomofallsidingandwindowsillsaretobeaminimumof6 inchesabovethefinishedgradeor
mulchbeds.
16. Exteriorwoodentrim,brickmolding,sills,fascia,rakeboards,andcolumns,aretobecladwithvinyl,
vinyl coated aluminum, or similar materials.Use materials designed for cladding with a minimum
thicknessof0.019inchandprovideastiffeningcrimpfortrimandfasciaboardsaremorethan8inches
wide.VHDArecommendstheuseoflowmaintenancecomposite/manufacturedmaterialsinsteadof
woodforexterioruse.
17. Powdercoatorgalvanizeallexteriorsteelproducts,orprovideanexteriorsteelpaintthatcanachieve
aminimum 10‐yearmaterialwarranty.Preparesurfacesperwarrantyrequirements.Primeandpaint
steelpriortoplacementinconcrete.
18. Usevinyl,aluminum,orsteelforexteriorrailings,handrails,guardrails,postsandpicketsinsteadof
wood.
19. Windowsandslidingglassdoors:
a. Provideminimum½inchinsulatedglass.
b. Provideminimum10‐yearwarrantiesformaterialandbreakageofseal.
c. Providethermalbreakforaluminumframes.
d. Installandflash permanufacturer’sspecifications.
e. Providebackdamflashingatsill.
f. Beforeinstallingwindows;performinitialinstallationwiththeConstructionControlOfficer.
20. Allexteriordoors,exceptslidingglassdoors,aretobeofinsulatedfiberglassorinsulatedmetal.Exterior
woodendoorjambsandmoldingrequirecompositematerial,suchasFrameSaver®orequal,attheir
lowestpoints.
21. Install hard surface flooring at the interior of all entrance doors, except for doors entered through
carpetedinterior hallways.Hard surface area is to be approximately 3 foot by 4foot using flooring
materialssuchasVCT,sheetvinyl,hardwood,ortile.
22. Resilientflooringsuchas,butnotlimitedto,sheetvinylandVCTistobeinstalledoverminimumnominal
¼inchunderlaymentgradeplywood,orsimilarunderlaymentmaterial.Ceramictileorsimilarflooring
istobeinstalledoverminimumnominal¼inchcementitiousboardorsimilarunderlaymentmaterial.
Flooring may be installed over concrete provided concrete is finished smooth and uniform.When
installedoverGypcrete,orasimilarmaterial,applymanufacturerapprovedsealer.
23. Carpetsaretohavetheminimumnumberofseams.Seamsarenottobelocatedinheavilytrafficked
areas.T‐seamsarenotacceptableexceptinclosets.
24. Allinteriordoorsaretobesidehinged.Bifold,pocket,orslidingdoorsarenotacceptable.Installor
undercutdoorsaminimumof¾inchcleartopreventdraggingandtoprovideventilation.Paint
bottomtopandallothersidesofdoors.
5
VHDAMultifamilyDevelopment–01/07/2021
25. Allbaseandbasemoldingsinaunitaretobesolidwoodandaretomatchindesignandfinish.
EXCEPTION:Ceramicorstonebaseboardisacceptableatmatchingflooring.
26. Allwindowsaretohaveblinds,shutters,orothersimilarproducts,andslidingglassdoorsaretohave
verticalblinds.
27. Provideaminimum of1½bathrooms(onefullbathroomandonehalfbathroom) inalltwobedroom
unitsandaminimumof2fullbathroomsinallthreeormorebedroomunits.
28. Concealedsoliddimensionalwoodblocking(2x material)istobeprovidedforallhandrails,grabbars
andwallmountedcabinetsandaccessories.
29. Tubandsh ower surroundsbuiltof ceramictile,marble,orsimilarmaterialsaretobeinstalledover
minimum½inchcementitiousboard.
30. Provideapass‐throughopeningwithcounterspacewhenkitchenanddining/livingareasareseparated
byawall.
31. KitchencabinetsandbathroomvanitiesaretocomplywithVirginiaHousingDevelopmentAuthority's
MinimumCabinetRequirements:
a. Allcabinetsaretobefactory/manufacturerassembled.
b. Allexposedportionsofcabinetrymusthavefactoryappliedfinish.
c. Kitchencabinetsandbathroomvanitiesaretoabutthesidewallsorprovideaminimumspacing
of12inchesbetweenwallandcabinets.Wallcabinetsaretoabuttheceiling/soffitsorprovide
minimumof12inchesbetweencabinetandceiling/soffits.
d. Kitchenwallcabinetsaretobescrewedtoblockingwithaminimumoffourwasherheadcabinet
screws;twoineachupperandlowernailingstripforeachwallcabinet.
e. Plastic laminate countertops are to be post formed or have back splashes that are factory
attachedtothecountertopandsealed.
f. Asidesplashistobeinstalledwherecountertopsabutwalls.
g. Holes in cabinetbacks forplumbingare to bedrilled andcompletely covered byescutcheon
plates.
32. Installacleanablesurface,suchasplasticlaminate,metal,orceramictileonthesidewallnexttothe
cookingrangewhenitislocateddirectlyadjacenttoawall.Materialssuchasplasticlaminateormetal
aretobeinstalledwithadhesive.
33. APPLIANCES
a. Provide30‐inch‐widerangeinallunitsexceptstudio/efficiencyapartmentsandonebedroom
elderlyapartments,whichmayhaveaminimum20‐inch‐widerange.Providemaximum24‐inch‐
widerangehoodforall20‐inch‐wideranges.
b. Providearangehoodorcombinationrangehood‐microwaveoverallcookingranges.
c. Providea24‐inch‐widedishwasherinallunits,exceptforstudio/efficiencyapartments,which
mayhave18‐inch‐widedishwashers.
d. Allrefrigeratorsaretobefrostfree.Therefrigeratorsaretohaveseparatedoorsforfreezerand
refrigerator compartments.Minimum sizes of refrigerators are to be 12 cubic feet for
studio/efficiencyapartments,14cubicfeetfor1and2bedroomapartments,and16cubicfeet
for3and4bedroomapartments.
6
VHDAMultifamilyDevelopment–01/07/2021
e. Provide laundry equipment, or connections for full‐size side‐by‐side or full‐size stack type
washersanddryers,inallunits.Whenprovided,laundry equipmentandconnectionsshallbe
installedina closetwithdoorsinalocationotherthanabedroom.Otherwise,provideonsite
laundryfacilities.
Exception: Studio and one bedroom apartments may utilize a bedroom closet for laundry
equipment provided equipment does not impede on tenant storage, an exhaust fan with
humidistatisinstalledinthecloset,andajumperductisprovidedtocommunicatewithreturn
airlocation.(See“Plumbing”sectionforwashingmachinepanrequirements.)
f. Allkitchenappliancesinanapartmentunitaretomatchincolor.
34. Agerestrictedhousingservingresidents55yearsorolder:
a. Provideahandrailonatleastonesideofcommoncorridors.
b. Provideanaccessibleelevatorforbuildingswithtwoormorestories.
35. Whereapermanentdehumidificationsystemisnotprovidedforallunits,providespaceforafuture
dehumidifierinastudcavitywithintheapartmentlivingspace.Utilizeconcealedpowerandplumbing
drain (e.g. mechanical closet).Identify location in drawings and coordinate with plumbing and
electrical.
MECHANICAL
1. Provide Heating, Ventilation, and Air Conditioning (HVAC) equipment with R‐410A refrigerant in all
dwellingunits.AllapartmentsaretohaveductedHVACsystemsexceptasnotedin#3below.Sizeof
HVACequipment,ductsanddiffusersaretobedesignedperheatgain/losscalculations.
2. ForallductedHVACsystemsincludingductedmini‐splitsandself‐containedpackagedsystems(similar
toMagic‐PakorFirstCo):
a. Airsupplydiffusersaretobelocatednearwindowsinlivingrooms,densandbedrooms.
EXCEPTION:The mechanical engineer may locate diffusers at alternate locations with
VHDA’spriorapprovalbasedonsupportingcalculations.
b. ProvideHVACdiffusersforkitchensandallfullbaths.
c. Providepremanufacturedairfilters.
d. Sealairductpenetrationsinunheatedspaces.
e. Refrigerantandcondensatelinesaretobeconcealedwithinwalls.Sealallpenetrations
f. Provideaseparateductedreturnforeachflooroftownhouseunits.
g. Heatpumptoincludeauxiliaryheat.
3. Ductless Heat Pumps (mini‐splits) may be used in efficiencies, 1 bedroom units or elderly housing
developments.
a. Allmini‐splitsaretodischargecondensatetogradethroughapipeconcealedwithintheexterior
wallsystem.
b. Provideseparatemini‐splitwallmountedunitforeachbedroom,denorlivingroom.
c. Provideseparatewiredwallmountedthermostatforeachmini‐splitwallmountedunit.
d. Provideaheaterwithathermostatortimercontrolledheatlampforallfullbaths.
4. Allexhaustductsaretodischargetotheexteriorofthebuilding,andterminateintoventcaps.Vent
capstobeofaqualitythatwillminimizerepairandreplacement.
7
VHDAMultifamilyDevelopment–01/07/2021
5. Donotinstallcondenserunitsinfrontofwindows.
6. Electric baseboard heating and electric forced air heating shall not be used as the primary heating
method.
1. Clotheswashingmachinesorconnectionsforclotheswashingmachinesaretohaveapan,withadrain,
connectedtothesewersystemperapplicableplumbingcode.
2. Thebottomsofbathtubsaretohaveslipresistant/texturedfinish.
3. Alltubs/showersandshowerdivertersaretohaveinternalshut‐off‐valvesorexternalshut‐off‐
valveswithaccesspanels.
4. Depress entire bathroom floor and build up as needed to account for accessibility and drainage
requirementswhendesigningforroll‐inshowers.Bathroomswhichincludearoll‐inshower,aretohave
ceramicorsimilartileflooring.Roll‐inshowersaretobeeither:
a. Ceramicorsimilartilefloorwithwaterproofingmembraneextendingaminimum8”upwalls.A
minimumof3'‐0"ofthebathroomflooristoslopebacktowardstheshowerdrainat2%,witha
zeroheighttransitionbetweenthebathroomfloorandtheshowerfloor,‐or‐
b. Premanufacturedwithatrenchdrainlocatedimmediatelyadjacentto,andthefulllengthof,the
shower.Thebathroomfloorshallhavea2%slopetowardsthetrenchdrain.
5. Wheninstallingwall‐hungsinks,provideconcealedarmtypecarriers.
6. Allwetplumbingpipetobesolidwallconstruction(Cellularcorepipenotpermitted).
7. Allfloordrainsandindirectwastereceptorstoreceivetrapprimerorcodeapproveddraintrapseal
device.
8. Sealaroundallplumbingpenetrationsinfloors,wallsandceilings.
9. Wheninstallingelectricwaterheatersprovidethefollowingminimumsizes:
a. Studio/1BRunits30gallon
b. 2BRunits40gallon
c. 3BRunits50gallon
10. Providehubdraininmechanicalclosettoacceptoverflowpanandcondensatelines.
1. Provide fluorescent light fixtures or LED light fixtures in all public common areas such as offi ces,
multipurposerooms,laundryrooms,hallways,andstairs.
2. Kitchens are to have a minimum of one light fixture 4 feet long with either LED or two 32 watt
fluorescent bulbs, or lighting fixture(s) that provide a minimum illumination of 30 foot candles
distributedacrossallcountertops.
PLUMBING
ELECTRICAL
8
VHDAMultifamilyDevelopment–01/07/2021
3. Pre‐wirecableTVandinternetoutletsforallbedrooms,livingrooms,familyrooms,anddens.Provide
aminimumofonelandlinetelephoneoutletineachapartment.Provideinterfaceforincomingservice
at one central location per building.All wiring for the interior and exterior of the building is to be
concealedwithinthewalls.
4. ExteriorfixturesaretobeLED,fluorescent,metalhalide,highorlowpressuresodium,ormercuryvapor.
Tenantcontrolledexteriorlightingisexempt.Provideexteriorlightingtoilluminateallparkingareas,
dumpsterpads,buildingentrancesandmailboxeswithaminimumofone‐footcandle ofillumination.
Provideilluminationsothatbuildingnumbersandapartmentnumbersarelegibleatnight.
5. Sealaroundallelectricalpenetrations.
6. Providetenantcontrolledlightfixtureatallpatiosandbalconies.
7. Whereapermanentdehumidificationsystemisnotprovidedforallunits,provideanoutletfora
futuredehumidifier.Identifyoutletlocationindrawingsandcoordinatewitharchitectural.Locate
outletsuchthatwhendehumidifierisinstalled,powercordwillnotbevisiblefromahabitablespace.
9
VHDAMultifamilyDevelopment–01/07/2021
RequirementsforRehabilitation
All additions and adaptive reuse are to comply with the VHDA Minimum Design and Construction
Requirements(MDCR) for New Construction.Adaptive reuse may alsobe required to comply with the
MDCRforRehabilitationwhereVHDAdeemsapplicable.
Allrentaloffices,publicareas,andassociatedparkingandroutesaretomeetthelatestUSBCaccessibility
requirements for new construction. Developments that have accessible units are to provide accessible
routes,accessibleparking,andaccessiblecommonareas.
Identifyanyhazardousmaterials/conditionssuchasasbestos,leadpaint,radon,recalleddrywall,moldon
siteand/orinbuildingsandcontaminatedsoils.Addressorabateallhazardousmaterialsperapplicable
regulations.SubmitabatementcertificationtotheVirginiaHousingDevelopmentAuthorityifrequested.
1. Identifyareasthatrequiregradingtodrainwaterawayfrombuildingsandareaswhereadjoininggrades
arehigherthanfinishedfloorofbuildings:
a. Provideaminimumdistanceof6inchesbetweenfinishedgradeormulchbeds,andthebottom
ofsidingandwindowsills.
b. Provideaminimumof5%slopeawayfromfoundationwalls,foraminimumdistanceof10feet.
c. Provide alternate solutions acceptable to VHDA when required grades, slopes, or other site
conditionsmaketheaboverequirementsinfeasible.
2. Provide seamless gutters and downspouts for all buildings, or an internal drainage system. When
dischargingongradessteeperthan20%,orlessthan1%,w aterfromguttersanddownspoutsistobe
pipedundergroundtoastormsewersystem,ortodaylightatgradesthatwillavoidsoilerosion.Avoid
waterdrainageoversidewalks.
3. Extendconcretedumpsterpadsatleast12feetintotheasphaltsothattheloadbearingwheelsoftrucks
restonconcretewhileservicingthedumpsters.
a. Thicknessofconcreteistobeaminimumof6incheswithreinforcement.
b. Dumpsters and/or compactors accessed via an accessible route are to meet accessibility
requirements.
c. Installaprivacyscreenonatleastthreesidesofalldumpsterand/orcompactorpads.
4. Concrete that is cracked, crumbling, spalling, heaving or settling, or may be a safety issue is to be
repairedorreplaced.ProvideasolutionacceptabletoVHDAifanyoftheseconditionsexist.Sidewalks
atnewlocationstocomplywithnewconstructionguidelines.
5. Asphaltthathascracking,alligatoring,oradeterioratingsub‐baseistoberepairedorreplaced.Provide
asolutionacceptabletoVHDAifanyoftheseconditionsexist.Pavingatnewlocationstocomplywith
newconstructionguidelines.
SITEWORK
10
VHDAMultifamilyDevelopment–01/07/2021
6. Removealldeadbushes,trees,tree‐stumps,andtheirabove‐groundroots.Removeallportionsoftree
branchesthatoverhangroofsandallbranchesthatcomewithin10feetofroofs.
7. Gradetoavoidstandingwater.Providea smoothlygradedtransitionfromdisturbedtoundisturbed
areas.Allareaswhichhavedeadgrassaretobetilled.Seedandstraw,and/orlandscapeall bareand
disturbed areas.Finish grade with clean topsoil.Provide ground cover materials or sod for slopes
steeperthan20%.Providefoundationplantingsinthefrontofallbuildings.Cleansiteanddisposeof
allconstructiondebris.Grassmustbeestablishedpriortoprojectcloseout.
1. Installwaterproofinguptofinishedgradesforallperimeterwallsoffinishedandunfinishedspaces
whereevidenceofwater,moisture,ormildewispresent.Waterproofingmaybeinstalledonthe
exteriororinteriorsidesofthewall.Thewaterproofingsystemistohaveaminimum10‐year
manufacturer’swarranty.
2. Alldebrisandwoodaretoberemovedfromcrawlspaces.
a. Installsumppumpordr aintile discharging todaylightforanyareaaccumulatingwater.
b. Installaminimum6milvaporbarrieratfloorwithseamsoverlapped12inches.Edgesandseams
tobetaped.Provideadequatecrawlspaceventilation.
3. Removeallabandonedandnon‐operableequipment,devicesandaccessories.VHDAmayapprove
abandonedmaterialthatissecured,sealedandconcealed.
4. Structuraldeficienciesaretobeidentifiedandcorrected.IfrequestedbyVHDA,correctivemeasures
tobedesigned,inspected,andcertifiedbyastructuralengineer.
5. InstallminimumofR‐19insulationinunconditionedcrawlspacesandbasementsandR‐38insulationin
attics.
6. Whenreplacingdrywallatanexteriorwallorreplacingexteriorsheathing,providewallinsulationat
affectedareasperthelatestadoptededitionoftheInternationalEnergyConservationCode.
7. Roof inspection reports are required forallroofs more than 5years old.Report to include age and
remaininglifeofroofsandareasthatneedrepairs.Replaceallroofswitharemaininglifeoflessthan5
years.Repairorreplaceallroofswithdamageorleaks.
8. Whenreplacingpitchedroofs:
a. Repairorreplacealldamagedsheathing,rafters,and/ortru sses.
b. Replaceall
3
/
8
inchsheathingwithaminimumof
15
/
32
‐inchplywoodor
15
/
32
inchOSB.Install
sheathingwithclips.ZIPSystemroofsheathingorsimilarproductsarenotaccepted.
c. Replaceallexistingatticventsandpipecollars.Replacerustedordamagedflashing.Replaceall
existingsealant.
d. Roof shingles are to be a minimum 25 year, anti‐fungal product, and are to be nailed (not
stapled).Donotinstallnewshinglesoverexistingshingles.Replaceexistingridgevents.
e. Installdripedgeonallsidesoftheroof.
ARCHITECTURAL
11
VHDAMultifamilyDevelopment–01/07/2021
f. Install ice barrier extending from eave's edge to a point 24 inches beyond the exterior wall
cladding.
g. ProvideroofventilationperthelatestUSBCfornewconstruction.
9. Whenreplacingflatroofs:
a. Removeanddisposeofexisting roofingandabovedeckinsulation,damagedventsandother
itemsnotingoodcondition.
b. ProvideaminimumR‐25continuousinsulationabovetheroofdeckorprovideaminimumR‐38
insulationintheatticspace.
c. Newroofingistohaveaminimum20‐yearmanufacturer'swarranty.
d. ProvideroofventilationperthelatestUSBCfornewconstruction.
10. Installwalkpadsthatprovideaccesstoallrooftopcondenserunits.
11. Ifequipmentisinstalledonaroof,provideeasilyreachableaccessfromaninteriorcommonarea.
12. Stairstoapartmentunitswherestairhallsarenotenclosedaretobeprotectedfromweatherbydesign
features.Installanawning,aroofoverhangatthesecondfloorlevel,oraroofatthestairhallentrance.
Provideaminimumoverhangof5feetfromfirstriser.Allbuildingsinadevelopmentaretohavesimilar
designfeatures.Historicbuildingsmaybeexempt.
13. Exteriorwoodentrim,brickmold,sills,fascia,rakeboards,andcolumnsaretobecladwithvinyl,vinyl
coatedaluminum,orsimilarmaterials.Usematerialsdesignedforcladdingwithaminimumthickness
of0.019inchandprovideastiffeningcrimpfortrimandfascia boardsaremorethan8incheswide.
Replacealldamagedwoodpriortocladding.VHDArecommendstheuse ofcomposite/manufactured
materialsinsteadofwoodforexterioruse.Exceptionsmaybeconsideredforhistoricbuildings.
14. Whenrepaintingexistingorinstallingnewexteriorsteelproducts;powdercoat,galvanizeorprovidean
exterior steel paint that can achieve a minimum 10‐year material warranty.Prepare surfaces per
warrantyrequirements.Primeandpaintsteelpriortoplacementinconcrete.
15. Whenreplacingexteriorrailings,handrails,guardrails,postsandpicketsusevinyl,aluminum,orsteel
insteadofwood.
16. Whenreplacingsiding:
a. Newsidingistohavesolidbackingofplywood,OSB,gypsum,orsimilarmaterial.Sidingistobe
installedoveranindependentdrainageplane,suchasTyvek®orequal.
EXCEPTION:Exteriorwallsheathingsystemswithintegrateddrainageplanesmaybeused
whenobservationreportsareprovidedbythemanufacturerandthefollowingconditions
aremet:
1. Pre‐installation
a. GeneralContractortoholdpre‐installationmeetingwitharchitectandmanufacturer
priortoinstallation.Manufacturer’sobservationreportstoincludedocumentation
ofmeeting.
b. Manufacturers’ flashing details including windows, doors, joints and penetrations
mustbemaintainedonsite.
c. Storematerialstomeetmanufacturer’srequirements.
12
VHDAMultifamilyDevelopment–01/07/2021
2. Installation
a. The integral drainage plane must be preserved.Use manufacturer’s approved
productsincludingtape,tapegunandroller.
b. When weather conditions warrant, follow manufacturer’s requirementsfor
inclementweatherinstallationandstorageofmaterials.
c. Manufacturer’s representative to review the final installation to confirm all
requirements are met prior to installation of exterior cladding.Manufacturer’s
observation reports documenting installation acceptance is required and must be
maintainedonsite.
b. Do not install new siding over materials such as vinyl siding, Thermo‐ply®, or other flexible
materials.
c. MaterialsuchasT1‐11,woodsiding ,orhardboardlap‐sidingmaybeusedasbackingfornew
siding,provideditisingoodcondition.
d. Repair,replace,andre‐nailallsectionsofdamagedsidingorsheathingtoprovideauniformand
flatsurface.
e. Fastensidingtoframingwithnailspenetratingaminimum¾ofaninchintostuds.
f. Install mounting blocks for all penetrations in siding such as electrical, plumbing, HVAC, and
ductworketc.
17. Allnewpaneltypesidingtobeinstalledoververticalfurringtoallowadequatedrainageandventilation,
orprovidesidingproductwithintegratedventedrainscreen.
18. Theuseoffoilfacedsheathingisprohibited.
19. Repair masonry walls having cracks and/or settlement.Replace damaged brick and point‐up
deterioratedmortartomatchexisting.Replacerowlocksforwindowsillsthatdonothaveaslopeto
drainwaterawayfrombuilding.Primeandpaintallmetallintelswhicharecorroded,ornotalready
painted.Removeabandoneditemsfrombrickandpowerwash/cleanexteriorofbuildings.
20. Replacealldamagedwindows.
21. Replacesingleglazedwindowswithinsulatedglass.
a. When window replacement is not permitted in historic buildings, repair or replace existing
windowsandinstalltripletrackoperablestormsashes,withscreens,overexistingsingleglazed
windows.
b. Whenconditionsmakestormsashesnotfeasible,provideanalternativesolutionacceptableto
VHDA.
22. Whenreplacingwindowsand/orslidingglassdoors:
a. Provideminimum½inchthickinsulatedglass.
b. Provideminimum10yearwarrantiesformaterialandbreakageofseal.
c. Providethermalbreakforaluminumframes.
d. Providenewconstructionwindowswhenreplacingsiding.
e. Providebackdamflashingatsill.
f. Installandflashpermanufacturer’sspecifications.Performinitialreplacementwith
ConstructionControlOfficer.
13
VHDAMultifamilyDevelopment–01/07/2021
23. Allwindowsaretohaveblinds,shutters,orothersimilarproducts,andslidingglassdoorsaretohave
verticalblinds.Replaceallblindsthataredamagedand/ordonotmatchincolor.
24. Repairorreplacealldamagedordenteddoors,jambsandhardware.
a. Whenreplacingexteriordoors,exceptslidingglassdoors,replacementdoorsaretobeinsulated
fiberglassorinsulated metal.Woodendoor jambsand moldingrequire compositematerial,
suchasFrameSaver®orequal,attheirlowestpoints.
b. Solid core wood doors may be used where entrances are located in interior conditioned
corridors.
25. Allentrydoorstoapartmentunits, exceptentrydoorslocatedinconditioned corridors,aretohave
weatherstrippingandthresholdtoprovideatightsealaroundthedoorandtominimizeheatloss/gain
duetoairinfiltration.
26. ReplacealldamagedGypcrete,orsimilarmaterial,floorsheathingandfloorjoists.
27. Install an area approximately 3 feet by 4 feet using materials such as VCT, sheet vinyl, hardwood
flooring,ortileattheinteriorofallentrancedoors,exceptfordoorsenteredthroughcarpetedinterior
hallways.
28. Repairorreplacealldamagedormismatchedflooring.Onaroombyroombasis,all flooringmustmatch
incoloranddesign.
29. Resilientflooringsuchas,butnotlimitedto,sheetvinylandVCTistobeinstalledoverminimumnominal
¼inchunderlaymentgradeplywood,orsimilarunderlaymentmaterial.Ceramictileorsimilarflooring
istobeinstalledoverminimumnominal¼inchcementitiousboardorsimilarunderlaymentmaterial.
Flooring may be installed over concrete provided concrete is finished smooth and uniform.When
installedoverGypcrete,orasimilarmaterial,applymanufacturerapprovedsealer.
30. Carpetsaretohavetheminimumnumberofseams.Seamsarenottobelocatedinheavytrafficareas.
T‐seamsarenot acceptableexcept inclosets.Remove shoemolding/quarter‐round moldingbefore
installingcarpet.
31. Provideapass‐throughopeningwithcounterspacewhenkitchenanddining/livingareasareseparated
byawall.
32. Interiorfinishes:doors,moldings,paint,anddrywall.
a. Replaceallinteriorbifold,pocket,orslidingdoorswithsidehingeddoors.
b. Repairorreplacealldamageddoorsandtrim.
c. Alldoors,doortrim,anddoorhardwareinaunitaretomatchindesignandfinish.
d. Install or undercut doors a minimum of 3/4 inch clear to prevent dragging and to provide
ventilation.
e. Paintbottoms,tops,andallothersidesofnewdoors.
f. Allbaseandbasemoldingsinaunitaretobesolidwoodandaretomatchindesignandfinish.
EXCEPTION:Ceramicorstonebaseboardisacceptableatmatchingflooring.
g. Repairflawsindrywallsuchas,butnotlimitedto,holes,failingtapejoints,cracksandnailpops.
Replacealldrywallthathasmold,mildew,orsignsofmoisture.
1. Whendrywallreplacementisrequired,matchadjacenttypeandthickness.
14
VHDAMultifamilyDevelopment–01/07/2021
2. Nailpopsandsettlingdrywallmustbere‐screwedtoframing.
3. Repairs, including previous repairs, are to match the adjacent surface and the unit’s
intendedfinish.
33. Repairdamagedorcompromiseddraftstoppingand/orfirestopping
34. Concealedsoliddimensionalwoodblocking(2xmaterial)istobeprovidedforallnewhandrails,grab
barsandwallmountedcabinetsandaccessories.
EXCEPTION:Toggleboltsmaybeusedatwallmountedaccessories.
35. Replacementorrepairsoftubandshowersurroundsbuiltofceramictile,marble,orsimilarmaterials
aretobeinstalledoverminimum½inchcementitiousboard.
36. Whenreplacingkitchencabinetsand/orbathroomvanitiesallnewcabinetsaretocomplywithVirginia
HousingDevelopmentAuthority'sMinimumCabinetRequirements.
a. Cabinetsand/orvanitiesthatarenotbeingreplacedaretobeapprovedbyVHDA.
b. Allcabinetsaretobefactory/manufacturerassembled.
c. Allexposedportionsofcabinetrymusthavefactoryappliedfinish.
d. Kitchencabinetsandbathroomvanitiesaretoabutthesidewallsorprovideaminimumspacing
of12inchesbetweenwallandcabinets.Wallcabinetsaretoabuttheceiling/soffitsorprovide
minimumof12inchesbetweencabinetandceiling/soffits.
e. Kitchenwallcabinetsaretobescrewedtoblockingwithaminimumoffourwasherheadcabinet
screws;twoineachupperandlowernailingstripforeachwallcabinet.
f. Plastic laminate countertops are to be post formed or have back splashes that are factory
attachedtothecountertopandsealed.
g. Asidesplashistobeinstalledwherecountertopsabutwalls.
h. Installacleanablesurface,suchasplasticlaminate,metal,orceramictiletotheside wallnext
tothecookingrangewhenitislocateddirectlyadjacenttoawall.
i. Removeandreplacealldrywallthathasmold.Repairorreplacealldamageddrywall.
j. Holesincabinetbacksforplumbingaretobedrilled,andcompletelycoveredbyescutcheon
plates.
37. APPLIANCES
a. Replacealldamagedandordentedappliancesandallapplianceswhicharemorethan8years
old.Allkitchenappliancesinanapartmentunitaretomatchincolor.
b. Provide30‐inch‐widerangeinallunitsexceptstudio/efficiencyapartmentsandonebedroom
elderlyapartments,whichmayhaveaminimum20‐inch‐widerange.Providerangehoodsor
combinationrangehood‐microwavesoverthecookingranges.Providemaximum24‐inch‐wide
rangehoodforall20‐inch‐wideranges.
c. Dishwashers are required in all units. Provide 24‐inch‐wide dishwashers except for
studio/efficiencyapartments,whichmayhave18‐inch‐widedishwashers.
d. Allrefrigeratorsaretobefrostfree.Therefrigeratorsaretohaveseparatedoorsforfreezerand
refrigerator compartments.Minimum sizes of refrigerators are to be 12 cubic feet for
studio/efficiencyapartments,14cubicfeetfor1and2bedroomapartments,and16cubicfeet
for3and4bedroomapartments.
e. Whenpresent,laundryequipmentandconnectionsshallbeinstalledinaclosetwithdoors.New
locationsmaynotbeinabedroom.
15
VHDAMultifamilyDevelopment–01/07/2021
Exception: Studio and one bedroom apartments may utilize a bedroom closet for laundry
equipment provided equipment does not impede on tenant storage, an exhaust fan with
humidistatisinstalledinthecloset,andajumperductisprovidedtocommunicatewithreturn
airlocation.
38. Provideahandrailonatleastonesideofcommoncorridorsforagerestrictedhousingservingresidents
55yearsorolder.
1. All units are to have a Heating, Ventilation, and Air Conditioning (HVAC) system. Sizes of HVAC
equipment,ductsanddi ffusersaretobedesignedperheatgain/losscalculations.Allapartmentsareto
haveductedHVACsystemsexceptasnotedin#3below.
2. WheninstallinganewHVACsystemincluding,butnotlimitedto,traditionalsplitsystems,ducted
mini‐splitorself‐contained“packagedsystems”(similartoMagic‐PakandFirstCo):
a. Replacebothair‐handlersandcondensersatthesametime.
b. R‐410ArefrigerantisrequiredinallnewHVACequipment.
c. Verify if refrigerant lines are appropriate for new HVAC unit size and type.Lines not being
replacedaretocomplywithalloftherequirementsofthemanufacturerforusingexistinglines.
Submit a letter from the manufacturer that states the use of existing lines will not reduce
performanceand/orwarrantyoftheheatpumpsorotherairconditioningsystems.
d. Condensateandrefrigerantlinesnotlocatedinthemechanicalclosetaretobeconcealedwithin
thewall,ceiling,orfloorsystems.
e. Fire‐caulkallpenetrationsinfirepartitionsandceilings.
f. Sealairductpenetrationsinunheatedspaces.
g. Whenaddingand/orreplacingductwork,airsupplydiffusersaretobelocatednearwindowsin
livingrooms,dens,andbedrooms.
EXCEPTION:The mechanical engineer may locate diffusers at alternate locations with
VHDA’spriorapprovalbasedonsupportingcalculations.
h. Provideaseparateductedreturnforeachflooroftownhouseunits.
i. Providepremanufacturedairfilters.
j. Replacealldiffusersandthermostats.
k. Airsupplydiffusersaretobelocatedinlivingrooms,dens,bedrooms,kitchens,andfullbaths.
l. Replace condenser pads that are damaged.Pads are to be concrete, solid vinyl, or similar
materials.Levelallcondenserunits.
m. Heatpumpstoincludeauxiliaryheat.
3. Ductless Heat Pumps (mini‐splits) may be used in efficiencies, 1 bedrooms or elderly housing
development.
a. Allmini‐splitsaretodischargecondensatetogradethroughapipeconcealedwithintheexterior
wallsystem.
b. Provideseparatemini‐splitwallmountedunitforeachbedroom,denorlivingroom.
c. Provideseparatewiredwallmountedthermostatforeachmini‐splitwallmountedunit.
d. Provideaheaterwithathermostatortimercontrolledheatlampforallfullbaths.
4. Allexhaustductsaretodischargetotheexteriorofthebuilding,andterminateintoventcaps.Vent
capstobeofaqualitythatwillminimizerepairandreplacement.
MECHANICAL
16
VHDAMultifamilyDevelopment–01/07/2021
5. CleanexistingHVACductsandplenums.Verifyductsizesandairflows(cubicfeetperminuteatsupply
diffusers)areappropriateforHVACsystem.Replaceallsupplyandreturnventcoversanddiffusers.
Sealallductpenetrationsinunheatedspaces.Allexistingductworklocatedincrawlspaces,attics, or
anyunconditionedspace,istobeproperlyinsulated.Clean,service,andrepairallHVACunitsnotbeing
replaced.
6. Allbathroomfansaretobeingoodworkingcondition,cleaned,andductedouttotheexterior.Install
fansinallbathrooms,includingthosewithwindows.
7. Electric baseboard heating and electric forced air heating shall not be used as the primary heating
method.
PLUMBING
1. Identifyallwatersupplymaterialtypes.Watersupplyistohaveadequatepressure.
a. Replaceallinterior,exterior,andundergroundPB(Polybutylene)pipessuchas“Quest”and“Big
Blue”withcurrentcodeacceptedmaterials.
b. ReplaceallgalvanizedpipeswithCPVC,copper,plasticorotherapprovedmaterials.
2. Videoandjetallsewerlinesconnectingbuildingswiththepublicsewer.Identifypipematerialtypes
andrepairorreplaceallcorroded,damaged,orsettledundergroundsewe rlines.Provide reportofvideo
findingstoVHDAandincluderepair/replacementcosts.
3. IdentifyallsanitarypipematerialtypesandreplaceallgalvanizedlinesandtrapswithPVC.
4. Allwetplumbingpipetobesolidwallconstruction(Cellularcorepipenotpermitted).
5. Allfloordrainsandindirectwastereceptorstoreceivetrapprimerorcodeapproveddraintrapseal
device.
6. When replacing water heaters, installations are to comply with latest adopted edition of the
InternationalPlumbingCodeforNewConstruction.RefertoCodeforpananddrainspecifications.
7. ClotheswashingmachinesorconnectionsforclotheswashingmachinesaretohaveanIntelliFlowA2C‐
WBautomaticwashingmachinewatershutoffvalvewithleaksensor,orapprovedequal,orhaveapan
withadrainconnectedtothesewersystemperapplicableplumbingcode.
8. Wheninstallingnewwall‐hungsinks,provideconcealedarmtypecarrier.
9. Allnewtubs/showersandshowerdivertersaretohaveinternalshut‐off‐valvesorexternalshut‐off‐
valveswithaccesspanels.
10. Bathtubs,showers,andsurroundswhichwill notbereplaced,aretoberefinishedorrepaired.Remove
moldandstains,clean,andre‐caulkalltubs,showers,andsurrounds.Thebottomsofallnewbathtubs
andshowersaretohaveslipresistant/texturedfinish.
11. Bathrooms which include a new roll‐in shower are to have ceramic or similar tile flooring. Roll‐in
showersaretobeeither:
17
VHDAMultifamilyDevelopment–01/07/2021
a. Ceramicorsimilartilefloorwithwaterproofingmembraneextendingaminimum8”upwalls.A
minimumof3'‐0"ofthebathroomflooristoslopebacktowardstheshowerdrainat2%,witha
zeroheighttransitionbetweenthebathroomfloorandtheshowerfloor,‐or–
b. Premanufacturedwitha secondary floor drain locatedoutsideof the shower. The bathroom
floorshall havea2%slopetowardsthesecondaryfloordrain.Providesiliconejointbetween
bathroomandshowerfloor.
12. Sealaroundexistingaccessibleandallnewplumbingpenetrationsinfloors,wallsandceilings.
1. Sizeelectricpanelsandserviceperloadcalculations.
2. Electricalpanelswithfusesaretobereplacedwithcircuitbreakers.
3. Useappropriateconnectorsforconnectingaluminumwiringtoelectricaloutletandswitches.
4. Allswitches,outletsandcoverplatesthatarepainted,damagedorworn,aretobereplacedandareto
matchincoloranddesign.
5. Providegroundfaultoutletsnearvanitiesinallbathrooms.
6. Allwiringfortheinteriorandexteriorofthebuildingistobeconcealedwithinthewalls,ceilingorfloor
systems.CableTV,internetand/ortelephonewiringexposedwithinindividualapartmentunitsmaybe
acceptedwhenfastenedtotheedgesofbaseboardsand/ordoorcasingsandnotcrossinganyportion
offloors, doorwaysoropenings.Exposedelectricalservicetothebuildingistobeinconduitandrun
verticallytothemeterwithouthorizontalruns.
7. When replacing kitchen cabinets and counter tops, electrical outlets for countertop, ranges,
refrigerators,dishwashers,andotherappliancesaretocomplywiththelatestapplicablerequirements
oftheNationalElectricCodeforNewConstruction.
8. Provide fluorescent light fixtures or LED light fixtures in all public common areas such as offi ces,
multipurposerooms,laundryrooms,hallways,andstairs.
9. Kitchens are to have a minimum of one light fixture 4 feet long with either LED or two 32 watt
fluorescent bulbs, or lighting fixture(s) that provide a minimum illumination of 30 foot candles
distributedacrossallcountertops.
10. Provideaminimumofoneelectricsmokedetectorwithbatterybackupforgardenunitsandaminimum
ofoneelectricsmokedetectorwithbatterybackupforeachfloorfortownhouses.
11. ExteriorfixturesaretobeLED,fluorescent,metalhalide,highorlowpressuresodium,ormercuryvapor.
Tenantcontrolledexteriorlightingisexempt.Provideexteriorlightingtoilluminateallparkingareas,
dumpsterpads,buildingentrancesandmailboxeswithaminimumofone‐footcandle ofillumination.
Provideilluminationsothatbuildingnumbersandapartmentnumbersarelegibleatnight.
12. Sealaroundexistingaccessibleandallnewelectricalpenetrations.
ELECTRICAL
18
VHDAMultifamilyDevelopment–01/07/2021
VHDALOANAPPLICATIONSUBMISSIONREQUIREMENTS:
ThesubmissionrequirementslistedbelowareforpropertiesapplyingforVHDAfinancing.
IfthepropertyisreceivingbothVHDAfinancingandTaxCredits,thescopeofworkshouldinclude
amenityitemscommittedtointheTaxCreditApplication.
IfthepropertyisapplyingforTaxCreditsonly,followTaxCreditsubmissionrequirementsspecified
intheTaxCreditApplication.
Alldrawingssubmittedshallbeprintedfull size andtoscale.Reducedsizeanddigitaldrawingsare
notacceptable.
NewConstructionRequirements
1. Civildrawings**
2. Architecturaldrawings*
3. Structuraldrawings**
4. Mechanicaldrawings**
5. Plumbingdrawings(includingFireSuppression) **
6. Electricaldrawings(includingFireAlarm)**
7. Three‐partspecificationbookencompassingallwork
8. Sitelightingandphotometricdrawings**
9. Landscapedrawings
10. GeotechnicalReport
11. PhaseIEnvironmentalSiteAssessment
12. Narrativescopeofworkwithitemizedcostestimate
RehabilitationRequirements
1. Civildrawings**
2. Architecturaldrawings*
3. Structuraldrawings**
4. Mechanicaldrawings**
5. Plumbingdrawings(includingFireSuppression) **
6. Electricaldrawings(includingFireAlarm)**
7. Three‐partspecificationbook,oroutlinespecification,encompassingallwork
8. Sitelightingandphotometricdrawings**
9. Landscapedrawings
10. Unitbyunitconditionsurveynotolderthan6monthspriortosubmission
11. TermiteReport
12. WaterIntrusionReport(tobeprovidedbyarchitector3
rd
Partyforallbelowgradespaces)
13. PhaseIEnvironmentalSiteAssessment
14. Narrativescopeofworkwithitemizedcostestimate
VirginiaHousingDevelopmentAuthority
Architectural&EngineeringReview
19
VHDAMultifamilyDevelopment–01/07/2021
15. Structural,Geotechnical,RoofConditionandSewerLinereportswhenapplicable
16. Fordetaileddescriptionsofsubmissionrequirementsrefertowww.VHDA.com→Business
Resources→MultifamilyProgram,→MultifamilyLoanApplications,GuidesandForms
*Alldrawingstobeaminimum85%completeandpreparedbyaVirginialicensedarchitect
**Alldrawingstobeaminimum85%completeandpreparedbyaVirginialicensedProfessional
Engineer
VHDAArchitecturalandEngineeringReview Process
PriortoLoanCommitment
VHDAwillreviewthesubmissionandprovidecomments.The Architectural&Engineering
(A&E)reviewcommentswillbecapturedinatemplatethatwillbesharedwiththeborrower.The
architectofrecordandengineersofrecordwillamendthetemplatewiththeirresponses.Anitem
willremain“open”untilasatisfactoryresponseandcorresponding revisiontotheplanshasbeen
received.VHDAwillacceptfullsizeslipsheetchangesratherthanfullsetresubmissionsduringthis
processonlyatthediscretionoftheA/Eplanreviewer.Allrevisionsmustbe“cloudedandtagged”,
andtheappropriaterevisiondate mustbeaddedto thesheet’stitleblock.The review process
mustbecompleted(no“open”items)beforeacommitmentwillbeissued.
PriortoLoanRateLock
Onceallopenitemshavebeenclosed,theborrowerwilldelivertoVHDAafullsize“contract”
setofplans andspecifications whichincludesallrevisionsand addendamadeduringtheVHDA
reviewprocess.Prior revisioncloudsand tags mustbe removed.This setshall includean index
identifyingallsheetsinthesetbysheetnumberandsheettitle.Inaddition,theindexmustidentify
allindividualrevisiondatesforeachsheet.Eachsheet’srevisiondatesmustbeidentifiedonits
titleblockandmatchtheindexofdrawings.AddtheVHDASignatureBlock(foundontheVHDA
website)totheset’scoversheet,theindexsheet,andthesealsectionofthe specificationbook.
Thesignatureblockmustbesignedbytheowner,architectofrecord,andgeneralcontractor.The
borrowerisresponsibleforprovidingacopyofthesigned“contract”setandspecificationstoall
partiesoftheVHDAconstructioncontract.
All revisions that have occurred after VHDA’s last review must be presented to VHDA in
narrativeformforappr oval priortothesubmissionofthecontractset.Onceapproved,revisions
shouldbe“cloudedandtagged”andincludedinthesignedcontractset.
Each sheet of the “contract” set must include the architect of record’s seal and signature,
except drawings completed by consulting engineers which must be signed and sealed by the
applicableengineer.Thesigned“contract”setofplansandspecificationsmustbereviewedby
VHDAbeforealoanwillberatelocked.Furthermore,ratelockwillnotbealloweduntilfinalsite
planapprovalhasbeenobtained.
SubmittalsRequiredafterCompletionofConstruction
Architecttoreviewandapprovethegeneralcontractor’sas‐builtdrawingsandcreateanas‐built
packagetoincludeallrevisionsandchangestodrawingsandspecifications.Architecttosubmitthe
as‐builtpackageinPDFformatona CDatthecompletionofconstructionandbeforetheloanmay
converttopermanentfinancing.
20
VHDAMultifamilyDevelopment–01/07/2021
Solidvertical linesinmarginsidentifyrevisions toVHDA’sMinimum DesignandConstruction
Requirements from VHDA’s 2019 Minimum Design and Construction Requirements.Format
changessuchasreorganization,numberchanges,andphrasingarenotidentified.
Page 242
QQ. Existing Conditions Questionnaire
VHDALowIncomeHousingTaxCreditManual Version: 2021.2
VHDALIHTCProgram LastModified:01/17/2020
VHDAMultifamilyDevelopment
ExistingConditionQuestionnaire/On‐SiteAnalysis
Parking
Lighting
Min.1fcatsidewalks?YN
Grading
Landscaping
Trash
DumpsterORCompactorORIndividualTenantCans
RetainingWalls
Sidewalks
Accessibility
HVAC
__________________________________________________________________________________________
_
__________________________________________________________________________________________
_
ProjectType(s):High/Mid‐riseGardenStyleTownhouseScatteredSiteOther:__________________
_
Structure(s):ConcreteSteelMasonryWoodOther:_________________________________
_
Min.1fcatmailboxes?Y
N
Min.1fcatdumpsters?YN
Condition:____________________________________________________
_
Existonsite:YN
Additionalneeded:YN
Notes:_______________________________________________________
_
Type:_____________________________________________________________________________________
_
Avg.AgeofEquipment:_________
_
OverallCondition:_____________________________________________
_
ExhaustFansDischargetoExterior:YN
AdditionalNotes:___________________________________________________________________________
_
OverallCondition:_____________________________________________
_
OverallCondition:_____________________________________________
_
OverallCondition:_____________________________________________
_
OverallCondition:___________________________________________________________________________
_
AccessibleRouteProvidedFromHCParkingtoUnits: YN
Notes:____________________________________________________________________________________
_
AccessibleRouteProvidedFromUnitstoCommonAreas:YN
Notes:____________________________________________________________________________________
_
Enclosure:YN
Condition:____________________________________________________
_
Apron:YN
Condition:____________________________________________________
_
Cracks/Spalling:YN TripHazards:YN
WaterInfiltratingBuildings:YN
Location:___________________________________
_
GrassDeadPatches:YN
Project:_________________________________________
_
DateofVisit:___________________
_
AgeofProperty:________________
_
FirstOccupancy:________________
_
UnitAddressesandUnitTypesObserved:_________________________________________________________
_
_
__________________________________________________________________________________________
_
Site
Systems
Deadlandscaping/stumps:YN
Notes:_____________________________________
_
NumberofBuildings:_____________
NumberofUnits:_______________
_
FoundationPlantings:YN
Age:_____________
Drainage:GP
Alligatoring:YN Potholes:YN
NegativeDrainageObserved:YN
Location:___________________________________
_
OverallCondition:_____________________________________________
_
Min.1fcatparking?YN
ProjectName
1of4
VHDATOFILLINGREYAREAS
VHDAMultifamilyDevelopment
ExistingConditionQuestionnaire/On‐SiteAnalysis
Plumbing
Interior
SupplyType:
WasteType:
Exterior
SupplyType:
WasteType:
Avg.Age:_________
BathtubType:
SurroundType:
Toilet:
GPF:________
_
Avg.Age:_________
Electrical
ExposedWiring: YN
Phones CableTV
KitchenLights:
Appliances
Elevator
Sprinklersystem
FireAlarmsystem
Foundation
Roof
Age:________
_
SmokeDetectorLocations:___________________________________________________________________
_
Type:SlabonGradeCrawlSpaceBasementOther:____________________________
_
OverallCondition:__________________________________________________________________________
_
Type:PitchedFlatCombo.
SheathingThickness:____________
_
OverallCondition:__________________________________________________________________________
_
Type:FullPartialNA
Comments:__________________________________________________
_
Dishwasher:YN
Type:_______________________
_
Size:__________________________
_
LastUpgraded:_________________
_
Type:FullPartialNA
Comments:__________________________________________________
_
UnitPanelSize:_________________
_
ServiceSizePerBuilding:_______________________________________
Type:SidebySideStackedComboOther__________________________________________
_
Age:________________________
_
Condition:____________________________________________________
_
OverallConditions:__________________________________________________________________________
_
Ref.Avg.Age:________________
_
RangeType:_______Avg.Age:____
_
RangeHoodAvg.Age:___________
_
DishwasherAvg.Age:____________
_
HowisOverflowAddressed:PanwithDrainMoistureSensorOther__________________________
_
OverallCondition:_________________________________________________________________________
_
CopperCPVCPEXPolybutyleneOther______________________________________
_
CastIronPVCGalvanizedOther____________________________________________
_
CopperCPVCPEXPolybutyleneOther______________________________________
_
OverallCondition:_________________________________________________________________________
_
CastIronPVCGalvanizedOther____________________________________________
_
Structure
OverallCondition:_________________________________________________________________________
_
FiberglassCastIronOther
FiberglassCeramicOther
Laundry:In‐unitORCentral
WaterHeaterType:____________
_
Condition:__________________________________
_
Condition:__________________________________
_
OutletOverallCondition:___________________________________________________________________
_
Outletage:______________
OutletsGrounded:YN
OutletLocations:________________________________
_
OutletLocations:____________________________
_
1x4FluorescentOROther__________________________________________________
_
Locations:____________________________________________________
_
Condition:__________________________________
_
Condition:__________________________________
_
BranchWireType:CopperORAlum.
FeederType:CopperORAlum.
ProjectName
2of4
VHDATOFILLINGREYAREAS
VHDAMultifamilyDevelopment
ExistingConditionQuestionnaire/On‐SiteAnalysis
InsulationandVentilation
Attic
R‐Value:_____
_
Crawlspace
R‐Value:_____
_
Exteriorwall
R‐Value:_____
_
StructuralDeficiencies
Doors
Common
Apt.EntryDoors
Age:________
Pre‐hungDoors
Windows
Common
Age:_________
_
Apts.
Age:_________
_
BreezewayStair
BuildingEnvelope
Age:_____________
_
ExteriorTrim
Flooring
CabinetsandCounters
Drywall
Notes:____________________________________________________________________________________
_
RoofOverhangatBreezewayStairMinimum5':YN
InsulationType:______________________________
VentilationType:________________
InsulationType:______________________________
VentilationType:________________
InsulationType:______________________________
SheathingType:________________
_
DisclosedorIdentifiedStructuralDeficiencies:___________________________________________________
_
HardwoodCondition:GPNA VinylCondition:GPNA
KitchenCondition:______________________________
_
BathCondition:______________________________
_
OverallCondition:__________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
BrickRowLockSlope:AdequateORNotadequateORNeedArchitectToPerformInspection
Type:_______________________
_
Condition:__________________________________
_
CarpetCondition:GPNA CeramicCondition:GPNA
Type:WoodSteelConcreteCombo.
Condition:__________________________________
_
MaterialType:_______________
_
Condition:__________________________________
_
HardwareCondition:_______________________________________
_
Insulated:YN
Type:VinylAlum.StoreFrontAlum.
DoorType:FlushRaisedPanelVariety
DoorType:FlushRaisedPanelVariety
Condition:_________________________________
HardwareType:KnobORLever
HardwareFinish:SilverYellowVariety
HardwareFinish:SilverYellowVariety
HardwareType:KnobORLever
Material:SteelORWood
Condition:________________________________________________
_
HardwareCondition:________________________________________
_
OverallCondition:_________________________________________________________________________
_
_________________________________________________________________________________________
_
OverallCondition:___________________________________________________________
_
OverallCondition:___________________________________________________________
_
ProjectName
3of4
VHDATOFILLINGREYAREAS
VHDAMultifamilyDevelopment
ExistingConditionQuestionnaire/On‐SiteAnalysis
Baseboard
Type:_______________________
_
KitchenPassThrough
StorageTanks
LeadPaint
Asbestos
TobeProvided:YNNA
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
AboveGround:YN
Notes:__________________________________________________________________________________
_
Present:YN Notes:_______________________________________________________
_
Present:YN Notes:_______________________________________________________
_
Underground:YN Willberemoved:YNN
A
Condition:____________________________________________________
_
Existing:YN
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
_
__________________________________________________________________________________________
_
GeneralNotes
Environmental
ProjectName
4of4
VHDATOFILLINGREYAREAS
Virginia Housing Low Income Housing Tax Credit Manual Version: 2021.2
Virginia Housing LIHTC Program Page 252 Last Modified: 12/30/2020
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