Title 202 | Chapter 002 | Regulation 020REG
PROPOSED
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PREVIOUS VERSION
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KENTUCKY HOUSING CORPORATION
(Amendment)
202 KAR 2:020.Rural Housing Trust Fund.
Section 1.
Qualification Criteria.(1)
Applications shall be prioritized based on the priorities established in KRS 198A.748(6).(2)
Single-family project applications shall be competitively ranked based on the following criteria:(a)
Willingness to serve those in a federally declared disaster area or displaced by an event triggering a federal disaster declaration within twenty-four (24) months of the event triggering the federal disaster declaration(b)
Readiness to proceed;(c)
Number of units to be addressed by the project;(d)
Demonstrated experience in development or repair of housing;(e)
Projects to house disaster survivors still living in shelters, doubled up with family, or in another unsustainable housing situation;(f)
Established relationships and mechanisms to ensure a pipeline of moderate-income homebuyer referrals;(g)
Demonstrated expansion of capacity to develop at scale;(h)
Demonstrated financial capacity to carry out larger-scale housing projects;(i)
Creation of new housing supply;(j)
Location in rural areas with significant job growth;(k)
Location in counties shown to have a housing supply gap; or(l)
Projects awarded contributions from local government, a local employer, or a combination of local sources.(3)
Multifamily project applications shall be competitively ranked based on the following criteria:(a)
Willingness to serve those in a federally declared disaster area or displaced by an event triggering a federal disaster declaration within twenty-four months of the event triggering the federal disaster declaration(b)
Readiness to proceed;(c)
Experience in development of multifamily housing utilizing Kentucky Housing Corporation financing resources;(d)
Demonstrated financial capacity to carry out larger-scale housing projects;(e)
Projects awarded under the Kentucky Housing Corporation tax exempt bond notice of funding availability in accordance with the terms of the notice of funding availability;(f)
Creation of new housing supply;(g)
Location in rural areas with significant job growth;(h)
Location in counties shown to have a housing supply gap; or(i)
Projects awarded contributions from local government, a local employer, or a combination of local sources.(4)
Approval of applications shall be based on the numerical ranking received and the availability of funds.Section 2.
Relocation Costs. In the development of rural housing under the Rural Housing Trust Fund, displacement of moderate-income individuals or families shall not be permitted unless the project pays all reasonable relocation costs. Reasonable relocation costs shall be determined on a case-by-case basis based on the following criteria:(1)
Provision of relocation advisory services to displaced tenants and owner occupants;(2)
Provision of a minimum of ninety (90) days written notice to vacate prior to requiring possession;(3)
Reimbursement for moving expenses; and(4)
Provision of payments for the added cost of renting or purchasing comparable replacement housing.WINSTON E. MILLER, Executive Director
APPROVED BY AGENCY: August 1, 2024
FILED WITH LRC: August 6, 2024 at 2:40 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on October 21, 2024 at 1:00 p.m. at Kentucky Housing Corporation, 1231 Louisville Road, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until 11:59 p.m. on October 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Samuel Thorner, General Counsel, Kentucky Housing Corporation, 1231 Louisville Road, Frankfort, Kentucky 40601; phone (502) 564-7630, fax (502) 564-7322; email sthorner@kyhousing.org.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Samuel Thorner
(1) Provide a brief summary of:
(a) What this administrative regulation does:
Establishes uniform criteria for qualifying for Rural Housing Trust Fund grants and loans and establishes criteria for the payment of relocation costs.
(b) The necessity of this administrative regulation:
Sets standards to create new sources of funding or to supplement existing sources of funding for the development of housing for moderate-income individuals or families in rural areas. Sets standards for payment of relocation costs if development of rural housing displaces moderate-income individuals or families.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
Kentucky Housing Corporation may administer the Rural Housing Trust Fund, by KRS 198A.744, KRS 198A.746, and KRS 198A.748, to promote development of housing for moderate-income individuals and families in rural areas.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
By providing clear notice to organizations eligible for funding of any standards and rules which exist in regard to the use of funds in housing development and relocation costs.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment adds criteria for qualifying for Rural Housing Trust Fund grants and loans.
(b) The necessity of the amendment to this administrative regulation:
This amendment adds criteria for qualifying for Rural Housing Trust Fund grants and loans to address the housing supply gap in rural areas.
(c) How the amendment conforms to the content of the authorizing statutes:
Kentucky Housing Corporation may administer the Rural Housing Trust Fund, by KRS 198A.744, KRS 198A.746, and KRS 198A.748, to promote the development of housing for moderate-income individuals and families in rural areas.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will set standards to create new sources of funding or to supplement existing sources of funding for the development of housing for moderate-income individuals or families in rural areas.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation affects all potential applicants seeking to apply for loans or grants for eligible activities under the Rural Housing Trust Fund, which includes local governments, local government housing authorities, nonprofit organizations, regional or statewide housing assistance organizations, and business organizations that undertake new construction or rehabilitation of rural housing units for moderate-income individuals.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
This amendment adds criteria for selection of applications for funding under the Rural Housing Trust Fund and defines reasonable relocation costs. The identified entities must ensure the project pays all reasonable relocation costs in the event it involves displacement of moderate-income individuals or families.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This amendment adds criteria for selection of applications for funding under the Rural Housing Trust Fund and defines reasonable relocation costs. There is no cost to complying with the criteria portion of the regulation. In the event reasonable relocation projects must be paid, those costs will be paid by the project, not the identified entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
This amendment adds criteria for the evaluation and selection of applications for funding under the Rural Housing Trust Fund. The more criteria a project application meets, the more likely it is to be funded. The portion of the regulation establishing reasonable relocation costs will not cause any benefits to accrue to the identified entities. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Administrative costs associated with notifying appropriate organizations of funding, designing and reviewing applications, administering funding to eligible applicants and monitoring funded agencies.
(b) On a continuing basis:
There will be some long-term direct costs associated with continued monitoring of funded agencies to ensure long-term compliance.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Administrative fees charged to the Rural Housing Trust Fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in funding is necessary to implement this regulation or its amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees directly or indirectly increased by this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applied, all organizations applying for funds will be subject to the same requirements to provide a fair and equitable selection process.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 198A.744, KRS 198A.746, and KRS 198A.748 require and authorize the actions taken by this administrative regulation.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
This administrative regulation will affect the promulgating agency, Kentucky Housing Corporation.
(a) Estimate the following for the first year:
Expenditures:
Kentucky Housing Corporation expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
Kentucky Housing Corporation expects that this administrative regulation will not generate any specific cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Kentucky Housing Corporation does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation affects organizations eligible for funding from the Rural Housing Trust Fund which includes all local governments and local government housing authorities that undertake new construction or rehabilitation of rural housing units for moderate-income individuals.
(a) Estimate the following for the first year:
Expenditures:
Kentucky Housing Corporation expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
Kentucky Housing Corporation expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Kentucky Housing Corporation does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
This administrative regulation affects organizations eligible for funding from the Rural Housing Trust Fund which includes nonprofit organizations, regional or statewide housing assistance organizations, and business organizations that undertake new construction or rehabilitation of rural housing units for moderate-income individuals.
(a) Estimate the following for the first year:
Expenditures:
Kentucky Housing Corporation expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
Kentucky Housing Corporation expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Kentucky Housing Corporation does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
Kentucky Housing Corporation expects that this administrative regulation will have little to no fiscal impact on the regulated entities, outside those expenditures already undertaken.
(b) Methodology and resources used to determine the fiscal impact:
This determination of the administrative regulation’s fiscal impact is made by the listed contact person and other agency staff based on their collective experience with the subject matter.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
Kentucky Housing Corporation does not expect this administrative regulation will result in a negative or adverse major economic impact to the entities identified in questions (2) - (4).
(b) The methodology and resources used to reach this conclusion:
This conclusion is made by the listed contact person and other agency staff based on their collective experience with the subject matter.
KENTUCKY HOUSING CORPORATION
(Amendment)
202 KAR 2:020.Rural Housing Trust Fund.
Section 1.
Qualification Criteria.(1)
Applications shall be prioritized based on the priorities established in KRS 198A.748(6).(2)
Single-family project applications shall be competitively ranked based on the following criteria:(a)
Willingness to serve those in a federally declared disaster area or displaced by an event triggering a federal disaster declaration within twenty-four (24) months of the event triggering the federal disaster declaration;(b)
Readiness to proceed;(c)
Number of units to be addressed by the project;(d)
Demonstrated experience in development or repair of housing;(e)
Projects to house disaster survivors still living in shelters, doubled up with family, or in another unsustainable housing situation;(f)
Established relationships and mechanisms to ensure a pipeline of moderate-income homebuyer referrals;(g)
Demonstrated expansion of capacity to develop at scale;(h)
Demonstrated financial capacity to carry out larger-scale housing projects;(i)
Creation of new housing supply;(j)
Location in rural areas with significant job growth;(k)
Location in counties shown to have a housing supply gap; or(l)
Projects awarded contributions from local government, a local employer, or a combination of local sources.(3)
Multifamily project applications shall be competitively ranked based on the following criteria:(a)
Willingness to serve those in a federally declared disaster area or displaced by an event triggering a federal disaster declaration within twenty-four months of the event triggering the federal disaster declaration;(b)
Readiness to proceed;(c)
Experience in development of multifamily housing utilizing Kentucky Housing Corporation financing resources;(d)
Demonstrated financial capacity to carry out larger-scale housing projects;(e)
Projects awarded under the Kentucky Housing Corporation tax exempt bond notice of funding availability in accordance with the terms of the notice of funding availability;(f)
Creation of new housing supply;(g)
Location in rural areas with significant job growth;(h)
Location in counties shown to have a housing supply gap; or(i)
Projects awarded contributions from local government, a local employer, or a combination of local sources.(4)
Approval of applications shall be based on the numerical ranking received and the availability of funds.Section 2.
Relocation Costs. In the development of rural housing under the Rural Housing Trust Fund, displacement of moderate-income individuals or families shall not be permitted unless the project pays all reasonable relocation costs. Reasonable relocation costs shall be determined on a case-by-case basis based on the following criteria:(1)
Provision of relocation advisory services to displaced tenants and owner occupants;(2)
Provision of a minimum of ninety (90) days written notice to vacate prior to requiring possession;(3)
Reimbursement for moving expenses; and(4)
Provision of payments for the added cost of renting or purchasing comparable replacement housing.WINSTON E. MILLER, Executive Director
APPROVED BY AGENCY: August 1, 2024
FILED WITH LRC: August 6, 2024 at 2:40 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on October 21, 2024 at 1:00 p.m. at Kentucky Housing Corporation, 1231 Louisville Road, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until 11:59 p.m. on October 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Samuel Thorner, General Counsel, Kentucky Housing Corporation, 1231 Louisville Road, Frankfort, Kentucky 40601; phone (502) 564-7630, fax (502) 564-7322; email sthorner@kyhousing.org.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Samuel Thorner
(1) Provide a brief summary of:
(a) What this administrative regulation does:
Establishes uniform criteria for qualifying for Rural Housing Trust Fund grants and loans and establishes criteria for the payment of relocation costs.
(b) The necessity of this administrative regulation:
Sets standards to create new sources of funding or to supplement existing sources of funding for the development of housing for moderate-income individuals or families in rural areas. Sets standards for payment of relocation costs if development of rural housing displaces moderate-income individuals or families.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
Kentucky Housing Corporation may administer the Rural Housing Trust Fund, by KRS 198A.744, KRS 198A.746, and KRS 198A.748, to promote development of housing for moderate-income individuals and families in rural areas.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
By providing clear notice to organizations eligible for funding of any standards and rules which exist in regard to the use of funds in housing development and relocation costs.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment adds criteria for qualifying for Rural Housing Trust Fund grants and loans.
(b) The necessity of the amendment to this administrative regulation:
This amendment adds criteria for qualifying for Rural Housing Trust Fund grants and loans to address the housing supply gap in rural areas.
(c) How the amendment conforms to the content of the authorizing statutes:
Kentucky Housing Corporation may administer the Rural Housing Trust Fund, by KRS 198A.744, KRS 198A.746, and KRS 198A.748, to promote the development of housing for moderate-income individuals and families in rural areas.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will set standards to create new sources of funding or to supplement existing sources of funding for the development of housing for moderate-income individuals or families in rural areas.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation affects all potential applicants seeking to apply for loans or grants for eligible activities under the Rural Housing Trust Fund, which includes local governments, local government housing authorities, nonprofit organizations, regional or statewide housing assistance organizations, and business organizations that undertake new construction or rehabilitation of rural housing units for moderate-income individuals.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
This amendment adds criteria for selection of applications for funding under the Rural Housing Trust Fund and defines reasonable relocation costs. The identified entities must ensure the project pays all reasonable relocation costs in the event it involves displacement of moderate-income individuals or families.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This amendment adds criteria for selection of applications for funding under the Rural Housing Trust Fund and defines reasonable relocation costs. There is no cost to complying with the criteria portion of the regulation. In the event reasonable relocation projects must be paid, those costs will be paid by the project, not the identified entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
This amendment adds criteria for the evaluation and selection of applications for funding under the Rural Housing Trust Fund. The more criteria a project application meets, the more likely it is to be funded. The portion of the regulation establishing reasonable relocation costs will not cause any benefits to accrue to the identified entities. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Administrative costs associated with notifying appropriate organizations of funding, designing and reviewing applications, administering funding to eligible applicants and monitoring funded agencies.
(b) On a continuing basis:
There will be some long-term direct costs associated with continued monitoring of funded agencies to ensure long-term compliance.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Administrative fees charged to the Rural Housing Trust Fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in funding is necessary to implement this regulation or its amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees directly or indirectly increased by this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applied, all organizations applying for funds will be subject to the same requirements to provide a fair and equitable selection process.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 198A.744, KRS 198A.746, and KRS 198A.748 require and authorize the actions taken by this administrative regulation.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
This administrative regulation will affect the promulgating agency, Kentucky Housing Corporation.
(a) Estimate the following for the first year:
Expenditures:
Kentucky Housing Corporation expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
Kentucky Housing Corporation expects that this administrative regulation will not generate any specific cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Kentucky Housing Corporation does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation affects organizations eligible for funding from the Rural Housing Trust Fund which includes all local governments and local government housing authorities that undertake new construction or rehabilitation of rural housing units for moderate-income individuals.
(a) Estimate the following for the first year:
Expenditures:
Kentucky Housing Corporation expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
Kentucky Housing Corporation expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Kentucky Housing Corporation does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
This administrative regulation affects organizations eligible for funding from the Rural Housing Trust Fund which includes nonprofit organizations, regional or statewide housing assistance organizations, and business organizations that undertake new construction or rehabilitation of rural housing units for moderate-income individuals.
(a) Estimate the following for the first year:
Expenditures:
Kentucky Housing Corporation expects that this administrative regulation amendment will cost no more to administer than is currently expended.
Revenues:
It is not expected or intended that this administrative regulation will generate any revenue.
Cost Savings:
Kentucky Housing Corporation expects that this administrative regulation will not generate any specific cost savings for the regulated entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Kentucky Housing Corporation does not anticipate expenditures, revenues, or cost savings to differ in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
Kentucky Housing Corporation expects that this administrative regulation will have little to no fiscal impact on the regulated entities, outside those expenditures already undertaken.
(b) Methodology and resources used to determine the fiscal impact:
This determination of the administrative regulation’s fiscal impact is made by the listed contact person and other agency staff based on their collective experience with the subject matter.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
Kentucky Housing Corporation does not expect this administrative regulation will result in a negative or adverse major economic impact to the entities identified in questions (2) - (4).
(b) The methodology and resources used to reach this conclusion:
This conclusion is made by the listed contact person and other agency staff based on their collective experience with the subject matter.