Regl. 9712, art. 42
of the Code requires the Authority to allocate the Tax Credits necessary to
Cite as Reglamento Núm. 9712, Art. 42
make a project economically viable. Thus, no project may receive, regardless of its
absolute or relative score in the Point Ranking System, more Tax Credits than the
Authority's underwriting process identifies as required for financial viability. Specifically,
the amount of Tax Credits will be the lesser of the:
5.3.1.1. Maximum allowable under the Code according to the project's eligible basis
and affordability level (eligible basis analysis);
5.3.1.2. Project's current necessity as the Authority's underwriting determines (sources
and uses or equity gap analysis); and
5.3.1.3. Amount of tax credits requested.
5.3.2. Pro Forma Statements
Pro forma statements will be prepared by the Authority based on the analysis described
above, which will include recommended sources and uses of funds, as well as projected
operating income for the term of affordability. These will include the amount of Tax
Credits that a project would be eligible to receive, subject to the Point Ranking System,
as well as the amount of permanent financing based on the established parameters,
governmental subsidies, capital contributions, and funds from Authority's programs or
other programs.
The Authority reserves the right, in its sole discretion, to vary the above-described
methodology and all Tax Credit allocation methodology and criteria in order to comply
with Section 42 requirements or any state law requirements, or to further the public
policy set forth in this 2025-QAP.
5.4. Project Evaluation and Selection (Point Ranking System)
5.4.1. Description
The Authority will consider qualified applications for Tax Credits, after a project satisfies
all basic factors, using the Point Ranking System established hereinafter.
A project can accumulate a total of 100 points in the Point Ranking System. All projects
seeking an allocation of 4% LIHTC or 9% LIHTC must accumulate a minimum of 30 points
to be entitled to a reservation or an allocation of Tax Credits. The Authority anticipates
reserving Tax Credits for projects scoring highest under the project selection criteria, up
to the amount permitted by law and the 2025-QAP.
NOTWITHSTANDING THE PROVISIONS IN SECTION 5.2.5 ABOVE, ONCE SUBMITTED, AN
APPLICATION FOR TAX CREDITS UNDER THE 2025-QAP IS FINAL, AND INFORMATION
AFFECTING THE APPLICATION'S RANKING CANNOT BE AMENDED.
The Authority reserves the right not to reserve or allocate Tax Credits to any Applicant,
regardless of that applicant's point ranking, if the Authority determines, in its sole and
absolute discretion, that: a reservation or allocation for such Applicant or project does
not further the purpose and goals of the public policy of Puerto Rico, the Action Plan, or
this 2025-QAP; the Applicant's proposed project is not financially viable; or there is not a
substantial likelihood that the project will be able to meet the requirements for carryover
or final allocation in a timely manner. The information that might be weighed to make
such determination includes, but is not limited to, comments of officials of local
governmental jurisdictions, the market appropriateness of the project and market
information from sources other than the submitted market study, and the prior
experience of the Sponsor or its representatives with projects. Pursuant to Section
42(m)(1)(A)(iv) of the Internal Revenue Code, the Authority will make available to the
general public a written explanation for any allocation of a housing credit dollar amount
which is not made in accordance with established priorities and selection criteria of the
housing credit agency.
Every Sponsor, developer, owner, or consultant must attest to the correctness of the
information provided as a condition to rank the project's application according to the
Point Ranking System. Failure to uphold the information submitted or the representation
made to support the application's evaluation and ranking throughout the allocation
process will result in a finding of noncompliance and limited participation in further
rounds for every person, developer, owner, or consultant that participates in the project's
application. The Authority might pursue any other available or enforceable remedies
under federal or state laws, regulations, or any applicable professional code of ethics.
5.4.1.1. Section 42 Mandatory Legislative Criteria
Federal legislation requires the Authority to give preference in allocating Tax
Credits to those projects serving the lowest income tenants and to those
projects committed to serve qualified tenants for the longest period.
5.4.1.2. Other Criteria
Applications will be evaluated according to the following additional criteria:
Preferred Project Location
Urban area defined as Central Urban Area by the Planning Board's
Reglamento de la Infraestructura en el Espacio Público (Annex Q); or
Urban Center designated by the Department of Transportation and
Public Works or adopted under an Urban Center Area Plan (Annex Q);
or a state-designated Historical Zone or federally designated Historical
District
The portion of a census tract outside an urban area, as defined above,
that has a designated below poverty line rate, as specified in Section
5.4.2
The zone of influence around an Urban Train Station, as defined under