Definitions

PURPOSE: This rule defines terms used in the implementation of the Missouri Housing Trust Fund. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) As used in this chapter, all terms not otherwise defined herein shall have the meanings set forth in the state housing act and, as applicable, in 4 CSR 170-1.100. For purposes of this chapter, the following terms shall have the following meanings: (A) Adjusted income. An amount equal to adjusted income as such amount is defined under Title 24, Code of Federal Regulations, Part 5, published annually in April, herein incorporated by reference and made a part of this rule, as published by the United States Superintendent of Documents, 732 N Capital Street NW, Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202) 512-1800, website: http://bookstore.gpo.gov. This rule does not incorporate any subsequent amendments or additions; (B) Advisory committee. The advisory committee shall be the committee established and maintained under 4 CSR 170-7.100(2); (C) Affordable housing unit. A residential unit generally occupied by persons and families with incomes at or below the levels described in this rule and charging a gross rental rate no greater than the levels set forth in section 215.037.1., RSMo (as the same may be amended from time-to-time), reduced by the utility allowance, if applicable; (D) Applicant(s). Shall refer to any entity applying for a grant or loan of Missouri Housing Trust Fund (MHTF) funds by submitting a proposal application form to the Missouri Housing Development Commission (commission); (E) Application proposal guide. The application proposal guide adopted by the trust fund department from time-to-time pursuant to 4 CSR 170-7.300(3); (F) Commissioners. The appointed and ex officio members of the commission or their lawfully authorized designees; (G) Committee of directors. The committee of directors shall be a three (3) person committee comprised of the commission’s director, director of rental production, and director of finance; (H) Competent and substantial evidence. Evidence that is reliable and probative and which a reasonable mind could accept as adequate to support a conclusion (i.e., evidence upon which the party rendering a determination could reasonably base its decision); (I) Compliance period. The compliance period set forth in the applicable land use restriction agreement or regulatory agreement recorded on the MHTF development pursuant to the requirements of this chapter; (J) Eligible low income persons or families at or below fifty percent (50%) of median income, adjusted for family size. Persons or families whose household combined, adjusted income is equal to or less than the percentages set forth in section 215.036.2., RSMo (as the same may be amended from time-to-time); (K) Eligible low income persons or families at or below twenty-five percent (25%) of median income, adjusted for family size. Persons or families whose household combined, adjusted income is equal to or less than the percentages set forth in section 215.036.3., RSMo (as the same may be amended from time-to-time); (L) MHTF development(s)/MHTF activity. Any development or activities eligible for assistance under section 215.038, RSMo (as the same may be amended from time-totime); (M) Housing provider organization. Any organization or firm performing housing development activities, community services, or economic activities in Missouri; (N) Grantee(s). Any entity receiving a grant of MHTF funds under this chapter; (O) MHTF. The Missouri Housing Trust Fund, as codified in sections 215.034–215.039, RSMo, (as may be amended from time-to-time); (P) MHTF NOFA. A notice of funding availability (NOFA) for MHTF funds as approved from time-to-time by the commission pursuant to 4 CSR 170-7.300(2); (Q) Missouri Metropolitan Continua of Care. Collectively, the St. Louis City Continua of Care (City of St. Louis, Missouri), St. Louis County Continua of Care (St. Louis County), Kansas City Continua of Care (Jackson County), St. Joseph Continua of Care (Andrew County, DeKalb County, and Buchanan County), Joplin Continua of Care (Jasper County and Newton County), Springfield Continua of Care (Christian County, Green County, and Webster County) and St. Charles Continua of Care (Lincoln County, Warren County, and St. Charles County); (R) Proposal. A written application by one (1) or more housing provider organizations requesting MHTF funds for any MHTF development/MHTF activity in order to provide assistance to eligible persons or families in a manner consistent with the MHTF; (S) Proposal application form. The application form adopted by the trust fund department from time-to-time pursuant to 4 CSR 170-7.300(1); (T) Recaptured funds. All MHTF funds recaptured pursuant to 4 CSR 170-7.400(2); (U) Trust fund manager. The individual hired by the director to manage and supervise the trust fund department; (V) Trust fund department. The department established by the director to administer all MHTF funds awarded by the commission; and (W) Utility allowance. The utility allowance for purposes of calculating gross rent under section 215.037.1., RSMo (as the same may be amended from time-to-time), shall be calculated using the method set forth under Development Commission Treas. Reg. Section 1.42-10(b)(4)(ii)(B) (T.D. 8520, 59 FR 10073, March 3, 1994, as amended by T.D. 9420, 73 FR 43867, July 29, 2008), herein incorporated by reference and made a part of this rule, as published by the Office of the Federal Register, National Archives and Records Administration, 800 North Capitol Street NW, Suite 700, Washington, DC 20001, phone: (202) 741-6000, website: http://www.archives.gov/federalregister/. This rule does not incorporate any subsequent amendments or additions. If the local utility company is unable or unwilling to provide estimates necessary for calculating the utility allowance under such section, the method for calculating utility allowances set forth in Treas. Reg. Section 1.4210(b)(4)(ii)(A) (T.D. 8520, 59 FR 10073, March 3, 1994, as amended by T.D. 9420, 73 FR 43867, July 29, 2008), herein incorporated by reference and made a part of this rule, as published by the Office of the Federal Register, National Archives and Records Administration, 800 North Capitol Street NW, Suite 700, Washington, DC 20001, phone: (202) 741-6000, website: http://www.archives.gov/federal-register/ shall be used. This rule does not incorporate any subsequent amendments or additions. AUTHORITY: section 215.030(5), (12), and (19), RSMo 2000.* Material in this rule originally filed as 4 CSR 170-7.020. Original rule filed Nov. 30, 2011, effective June 30, 2012. *Original authority: 215.030, RSMo 1969, amended 1974, 1982, 1985, 1989, 1993, 1995, 1998.