Title 36, Chapter 82, Section 192
( 36-82-192)
(a) Applications for qualified residential rental projects shall be
accompanied by the following: (1) The items specified in Code Section 36-82-185; (2) A written opinion of legal counsel addressed to the department
to the effect that the bonds which are covered by the application
will, based upon the information available at that time to such
legal counsel, qualify as exempt facility bonds for the financing
of a qualified residential rental project when issued; (3) A written statement of the issuer, addressed to the
department, to the effect that the bonds which are covered by the
application will, based upon the information available at that
time to such issuer, comply with local zoning laws, statutes,
ordinances, and resolutions; and (4) If the project is expected to be issued in combination with a
HoDAG, a copy of the application submitted to the United States
Department of Housing and Urban Development for a housing
development action grant. (b) If the amount of bonds covered by applications received does not
exceed the amount of the local housing reservation, the department
shall give its notice of allocation, approving the allocation
requested by each application within 15 days after the filing date. (c) If the amount of bonds covered by applications received on or
before the filing date exceeds the amount of the local housing
reservation, the department shall determine allocations by applying
the policy guidelines. The department shall give its notices of
allocation with respect to those applications which it selects not
later than 30 days after the filing date. The decision of the
department shall be final and conclusive. (d) The department shall not be required to give notices of
allocation from the local housing reservation for any qualified
residential rental housing project in an aggregate principal amount
of more than 25 percent of the amount of the local housing
reservation. (e) The provisions of subsections (d), (e), and (g) of Code Section 36-82-187 with respect to notices of allocation from the economic development share shall also apply to notices of allocation from the local housing reservation. (f)(1) The expiration date for a notice of allocation for a
qualified residential rental project from the local housing
reservation, other than one expected to be issued in combination
with a HoDAG, shall be the first business day which occurs on or
after the seventy-fifth day after the date on which the notice of
allocation is given. (2) The expiration date for a notice of allocation expected to be
issued in combination with a HoDAG may, in the department's
discretion, be the first business day which occurs on or after the
one hundred-eightieth day after the date on which the notice of
allocation is given. The department shall not, however, have any
obligation to provide an expiration date in excess of 75 days, and
no issuer shall have any right to an expiration date in excess of
75 days. (3) The department may, for good cause shown by the issuer in a
written statement submitted to the department prior to such
expiration date, extend the expiration date for one, but only one,
additional period which shall expire, at the department's
discretion, on any date not later than 30 days after the original
expiration date. The department shall not, however, have any
obligation to provide such an extension; and no issuer shall have
any right to such an extension. (g) If confirmation of issuance is not filed with the department on
or before the applicable expiration date, the notice of allocation
shall cease to be effective and the amount covered by the notice of
allocation shall automatically be added to the appropriate housing
reservation, as applicable, if on or before September 30 of 1991 and
September 30 each year thereafter or the flexible share if after
June 30 of 1990 or September 30 of 1991 and September 30 each year
thereafter. |