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The Texas Department of Housing and Community Affairs (TDHCA) was tasked with compliance monitoring oversight of Public Facilities Corporations (PFC) developments that are required to comply with §303.0421 and §303.0425 of Chapter 303 Local Government Code and that were initiated on or after June 18, 2023. The law amends Chapter 303 Local Government Code, to only apply to PFC-owned multifamily residential developments that do not:
- Have at least twenty percent of the development units reserved for public housing;
- Participate in the Rental Assistance Demonstration (RAD) program administered by the United States Department of Housing and Urban Development (HUD);
- Receive financial assistance administered under Chapter 1372, Government Code, or receive financial assistance from a tax-exempt bond; or
- Receive financial assistance administered under Subchapter DD, Chapter 2306, Government Code, the Low Income Housing Tax Credit program.
The first audit reports for the PFC developments subject to the new law are required to be submitted to the TDHCA by June 1, 2024. Subsequent reports are due to the Department no later than June 1 of each year.
Purpose
House Bill 2071 amends the Local Government Code to revise the Public Facility Corporation Act with respect to multifamily residential developments that provide affordable housing. The bill provides statutory reforms to ensure that public facility corporations serve the public purpose and interest of incentivizing the provision of affordable housing intended by the PFC tax exemption. Among other provisions, the bill authorizes a public facility corporation (PFC) or their sponsor to finance, own, or operate a multifamily residential development under specific conditions and provides for the eligibility of such a development for the PFC tax exemption, including additional requirements for beneficial tax treatment and allocations of lower and moderate income housing units. The bill provides for a compliance audit of the public facility user of a development claiming the exemption and provides for a study by the Legislative Budget Board of the long term effects on the state's funding and revenue of property and sales tax exemptions for multifamily housing developments.
PFC Monitoring Regulations
Forms
- Income Certification
- Audit Workbook pre June, 18, 2023
- Audit Workbook
- Latitude/Longitude instructions – A copy of the instructions
Auditor’s List
Please note if you choose an Auditor from the list published on the website, they must comply with 10 TAC Section 10.1103(6). If a report is submitted to the Texas Department of Housing and Community Affairs (TDHCA) without an Auditor’s current qualification, it will be rejected; noncompliance will be issued; and the PFC User will need to hire a qualified Auditor at their own expense. TDHCA has not requested proof of current qualifications for inclusion on this list. Additionally, PFC Users are not restricted to Auditors on this list and may select any Auditor who meets the rule’s requirements.
PFC Developments
Reports
- 1300 North Post Oak – Monitoring Report
- 2626 Fountain View – Monitoring Report
- 3800 Main – Monitoring Report
- 5 Oaks – Monitoring Report
- 91Fifty – Monitoring Report
- Abacus Alamo Ranch - Monitoring Report
- Acero – Monitoring Report
- Allora Cinco Ranch - Monitoring Report
- Allora Gosling - Monitoring Report
- Allora Northwest Crossing - Monitoring Report
- Allora New Forest - Monitoring Report
- Amalfi at Hermann Park - Monitoring Report
- Arlo Westchase – Monitoring Report
- Arroyo Seco Villas – Monitoring Report
- Art House – Monitoring Report
- Avalon at Chase Oaks - Monitoring Report
- Avila – Monitoring Report
- Azure Apartments - Monitoring Report
- Beacon at Buffalo - Monitoring Report
- Bel Air 16th - Monitoring Report
- Bel Air Oaks - Monitoring Report
- Briar Court Apartments – Monitoring Report
- Brio at Outlook - Monitoring Report
- Broadstone at Briar Forest – Monitoring Report
- Broadstone Toscano – Monitoring Report
- Broadway Jones (The Flats at River North) – Monitoring Report
- Caroline at Longhorn Quarry – Monitoring Report
- Caroline on Voss - Monitoring Report
- Caroline Post Oak - Monitoring Report
- Caroline Uptown West - Monitoring Report
- Caroline West Gray - Monitoring Report
- Cathedral Lakes
- Cathedral Lakes - Corrective Action Report
- Circuit – Monitoring Report
- Collin Creek – Monitoring Report
- Commons at Hollyhock – Monitoring Report
- Copper Mill - Monitoring Report
- Copper Pointe – Monitoring Report
- Culebra Commons - Monitoring Report
- Deerwood – Monitoring Report
- Domain Town Center – Monitoring Report
- Echo Baytown - Monitoring Report
- Eclipse - Monitoring Report
- Eighteen51 Brinker – Monitoring Report
- Emory West Cypress – Monitoring Report
- Enclave Gateway - Monitoring Report
- Enclave at La Frontera - Monitoring Report
- Esplanade at Hermann Park - Monitoring Report
- Estates at Bellaire – Monitoring Report
- Estraya Boerne – Monitoring Report
- Fountains at Steeplechase - Monitoring Report
- Gramercy Park - Monitoring Report
- Granary Flats – Monitoring Report
- Greenwood at Katy – Monitoring Report
- Harlow Spring Cypress – Monitoring Report
- Haven at Main – Monitoring Report
- High Point Uptown – Monitoring Report
- Highpoint at Cypresswood – Monitoring Report
- Inwood Station Apartments - Monitoring Report
- Jada Legacy Central - Monitoring Report
- Katy Ranch – Monitoring Report
- Kensley Apartment Homes - Monitoring Report
- La Mariposa I & II – Monitoring Report
- Lakecrest – Monitoring Report
- Lakeside at La Frontera – Monitoring Report
- Latitude – Monitoring Report
- Legends Lake Creek – Monitoring Report
- Legends Lakeline – Monitoring Report
- Lively at Antoine – Monitoring Report
- Lively at Cypress – Monitoring Report
- Lively at Gilbert – Monitoring Report
- Lofts on Main – Monitoring Report
- Ltd. Med Center – Monitoring Report
- Lumen Apartments – Monitoring Report
- Madison at Bear Creek Apartments – Monitoring Report
- Melia Medical Center – Monitoring Report
- Metro Midtown – Corrective Action Report
- Metro Midtown – Monitoring Report
- Midtown on the Rail – Monitoring Report
- Monarch Medical Center – Monitoring Report
- North Post Oaks Lofts – Monitoring Report
- Opal Legacy Central - Monitoring Report
- Parc at Champion Forest – Monitoring Report
- Pearl Greenway - Monitoring Report
- Premier at Katy - Monitoring Report
- Prose South Main – Monitoring Report
- Providence Uptown – Monitoring Report
- Ranch at Huntsville - Monitoring Report
- Regatta Bay - Monitoring Report
- Richmond Uptown - Monitoring Report
- Ridgecrest Apartments - Monitoring Report
- Sandstone – Monitoring Report
- Sendera at Greenway – Monitoring Report
- Sierra at Fall Creek – Monitoring Report
- Smart Living at Garden Oaks – Corrective Action Report
- Smart Living at Garden Oaks – Monitoring Report
- Smart Living at Telephone – Corrective Action Report
- Smart Living at Telephone – Monitoring Report
- Smart Living Heights – Corrective Action Report
- Smart Living Heights – Monitoring Report
- Stadia Med Main – Monitoring Report
- Standard in the Heights – Monitoring Report
- Station 42 (Tank Destroyer) – Monitoring Report
- Stella at the Medical Center – Monitoring Report
- Summer Street Coop – Monitoring Report
- Summers Crossing - Monitoring Report
- The '68 Apartments - Monitoring Report
- The Atlee - Monitoring Report
- The Baldwin – Monitoring Report
- The Beverly at Denton – Monitoring Report
- The Boulevard – Monitoring Report
- The Broadway – Monitoring Report
- The Carlton - Monitoring Report
- The Dacoma – Monitoring Report
- The Dawson - Monitoring Report
- The Exchange – Monitoring Report
- The Holston – Monitoring Report
- The Huntley – Monitoring Report
- The Link – Monitoring Report
- The Martingale – Monitoring Report
- The Salado Red Berry – Monitoring Report
- The Starling - Monitoring Report
- The Viridian – Monitoring Report
- Thornbury at Chase Oaks - Monitoring Report
- Thrive Almeda Genoa – Corrective Action Report
- Thrive Almeda Genoa – Monitoring Report
- Timberwalk – Monitoring Report
- Tivoli Apartments - Monitoring Report
- Towne West Apartments – Monitoring Report
- Trophy Oak – Monitoring Report
- Upton at Longhorn Quarry – Monitoring Report
- Warehouse District I – Monitoring Report
- Warehouse District II – Monitoring Report
- Westchase Forest – Monitoring Report
- Windsor Cypress – Monitoring Report
- Waterworks Highline – Corrective Action Report
- Waterworks Highline – Monitoring Report
- Waterworks II – Monitoring Report
- Wyldewood Gosling – Monitoring Report
Submission of completed Auditor Reports and supporting documentation must be submitted to the following email address: pfc.monitoring@tdhca.texas.gov
Please direct questions or comments to: wendy.quackenbush@tdhca.texas.gov or amy.hammond@tdhca.texas.gov