RQ-1167-GA

Re

The U.S. Department of Housing and Urban Development created the Rental Assistance Demonstration program by which a public housing annual operating subsidy under Section 9 of the U.S. Housing Act of 1937 converts to a rental subsidy under Section 8 of the Act|The Texas Department of Housing and Community Affairs administers the state\\'s low income housing tax credit program under which tax credits are competitively awarded to developers of low income housing|As administering agency of the low income housing tax credit program, the governing board of the Texas Department of Housing and Community Affairs has discretion to determine whether a development has satisfied eligibility requirements for competing for a tax credit set-aside|If Texas Department of Housing and Community Affairs determines that a development undergoing federal Rental Assistance Demonstration program conversion received assistance under Section 8 of the U.S. Housing Act of 1937 and consequently is eligible for the at-risk set-aside, a court is unlikely to disturb that determination|Government Code subsection 2306.6714(a-1)limits eligibility for at-risk tax credit set aside of at-risk developments under subsection 2306.6702(a)(5)(B), but does not affect eligibility of subsection 2306.6702(a)(5)(A) developments|A development that no longer satisfies the definition of \\"at-risk development\\" under Government Code subsection 2306.6702(a)(5)(B) would still be eligible for the at-risk tax credit set-aside if it satisfied subsection 2306.6702(a)(5)(A)