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06/07/2010 Council Packet
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06/07/2010 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
06/07/2010
Council Meeting Type
Work Session Regular
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• <br />• <br />3. The Tax Credit Allocation Team will assign an Underwriter to work with the <br />Owner to discuss issues pertinent to the development and possible <br />alternatives to the qualified contract process. Owners should be prepared to <br />present a thorough analysis of all current financing and related restrictions. <br />4. If a property is not eligible to request a Qualified Contract MHFA will issue <br />the owner a letter of denial. <br />B. QUALIFIED CONTRACT NOTIFICATION LETTER <br />The next step in the process for requesting a Qualified Contract is to submit the <br />Qualified Contract Notification Letter, along with all required Application <br />Materials. This request may be submitted any time after the fourteenth year of <br />the compliance period. <br />The Notification Letter contains statements from the owner that the owner will <br />reasonably cooperate with MHFA and its agents with respect to the marketing of <br />the property, and acknowledges that the Application Materials may be shared <br />with prospective purchasers, real estate brokers and other interested parties and <br />that summary data may be posted on MHFA's website. <br />The owner will be asked to acknowledge in the notification letter that they have <br />reviewed the due diligence materials used in the calculation of the qualified <br />contract worksheets and that they are solely responsible for documents and <br />information used in the calculation of the Qualified Contract Price, using the <br />procedure set forth in Section 42(h)(6)(F) of the Internal Revenue Code. <br />The owner will be asked in the notification letter to sign a statement verifying the <br />accuracy of the assumptions used in the computation of the Qualified Contract <br />Price and to hold MHFA harmless with respect to the use of the development <br />information. <br />Additional information may be requested by MHFA, including but not limited <br />to, additional rent rolls, income certifications and other Section 42 compliance <br />records, records with respect to repair and maintenance of the development, <br />operating expenses and debt service. Before information is shared with a <br />prospective purchaser, the owner may require that the Agency and /or the <br />prospective purchaser enter into a commercially reasonable form of <br />nondisclosure agreement. <br />The owner may also be asked by MHFA to share, upon request, the documents <br />and other information that were used to prepare the Calculation of Qualified <br />Contract Price (QC -1). The owner will be asked to allow MHFA, its agents, or <br />prospective purchasers, upon reasonable prior written notice, to visit and inspect <br />the development, including representative apartments units. <br />Housing Tax Credit Program 4 Qualified Contract Process Guide (rev.12 /05) <br />
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