Fla. Admin. Code Ann. R. 67-48.019 - [Effective until 7/10/2025] Eligible and Ineligible HOME Development Costs
(1) HOME funds may be used to pay for the
following eligible costs as enumerated in 24 CFR Part 92 :
(a) Development hard costs as they directly
relate to the identified HOME-Assisted Units only for:
1. New construction, the costs necessary to
meet all applicable local and state codes, ordinances, and zoning requirements.
Note that 24 CFR §92.251 requires that HOME-Assisted new construction
projects must meet state or local residential and building codes, as applicable
or, in the absence of a state or local building code, the International
Residential Code or International Building Code (as applicable to the type of
housing) of the International Code Council,
2. Rehabilitation, the costs necessary to
meet all applicable local and state codes, ordinances, and requirements or, in
the absence of a state or local building code, the International Existing
Building Code of the International Code Council and Uniform Physical Condition
Standards pursuant to 24 CFR
5.705,
3. Both new construction and rehabilitation,
costs to demolish existing structures, improvements to the Development site and
utility connections;
(b)
The cost of acquiring improved or unimproved real property. A HOME Development
and HOME loan that involves acquisition must include Rehabilitation or new
construction in order to be an eligible Development.
(c) Soft costs as they relate to the
identified HOME-Assisted Units. The costs must be reasonable, as determined by
the Corporation and the Credit Underwriter, and associated with the financing,
development, or both. These costs may include:
1. Architectural, engineering or related
professional services required to prepare plans, drawings, specifications or
work write-ups,
2. Costs to process
and settle the HOME financing for a Development, such as credit reports, fees
for evidence of title, recordation, building permits, attorney fees, cost
certifications, and estimates,
3.
Developer's and General Contractor's fees as described in Rule
67-48.0072, F.A.C.,
4. Impact fees,
5. Costs of Development audits required by
the Corporation,
6. Affirmative
marketing and fair housing costs,
7. Temporary relocation costs as required
under 24 CFR Part 92 .
(2) HOME funds shall not be used to pay for
the following ineligible costs:
(a)
Development reserve accounts for replacements, unanticipated increases in
operating costs, or operating subsidies, except as described in 24 CFR
§92.206(d)(5);
(b) Public
housing;
(c) Administrative costs,
or
(d) Any other expenses not
allowed under 24 CFR Part 92.
Notes
Rulemaking Authority 420.507, 420.508 FS. Law Implemented 420.5089(3) FS.
New 7-22-96, Amended 12-23-96, 7-10-97, 1-6-98, Formerly 9I-48.019, Amended 11-9-98, 2-24-00, Repromulgated 2-22-01, Amended 3-17-02, 4-6-03, Repromulgated 3-21-04, Amended 2-7-05, Repromulgated 1-29-06, 4-1-07, 3-30-08, 8-6-09, 11-22-11, 10-9-13, Amended 10-8-14, 9-15-16, Repromulgated 5-24-17, 7-8-18, 7-11-19, 6-23-20, 5-18-21, 7-6-22, 6-28-23.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) HOME funds may be used to pay for the following eligible costs as enumerated in 24 CFR Part 92 :
(a) Development hard costs as they directly relate to the identified HOME -Assisted Units only for:
1. New construction, the costs necessary to meet all applicable local and state codes, ordinances, and zoning requirements. Note that 24 CFR §92.251 requires that HOME -Assisted new construction projects must meet state or local residential and building codes, as applicable or, in the absence of a state or local building code, the International Residential Code or International Building Code (as applicable to the type of housing) of the International Code Council,
2. Rehabilitation , the costs necessary to meet all applicable local and state codes, ordinances, and requirements or, in the absence of a state or local building code, the International Existing Building Code of the International Code Council and Uniform Physical Condition Standards pursuant to 24 CFR 5.705,
3. Both new construction and rehabilitation , costs to demolish existing structures, improvements to the Development site and utility connections;
(b) The cost of acquiring improved or unimproved real property . A HOME Development and HOME loan that involves acquisition must include Rehabilitation or new construction in order to be an eligible Development .
(c) Soft costs as they relate to the identified HOME -Assisted Units. The costs must be reasonable, as determined by the Corporation and the Credit Underwriter , and associated with the financing, development , or both. These costs may include:
1. Architectural, engineering or related professional services required to prepare plans, drawings, specifications or work write-ups,
2. Costs to process and settle the HOME financing for a Development , such as credit reports, fees for evidence of title, recordation, building permits, attorney fees, cost certifications, and estimates,
4. Impact fees,
5. Costs of Development audits required by the Corporation ,
6. Affirmative marketing and fair housing costs,
7. Temporary relocation costs as required under 24 CFR Part 92 .
(2) HOME funds shall not be used to pay for the following ineligible costs:
(a) Development reserve accounts for replacements, unanticipated increases in operating costs, or operating subsidies, except as described in 24 CFR §92.206(d)(5);
(b) Public housing;
(c) Administrative costs, or
(d) Any other expenses not allowed under 24 CFR Part 92.
Notes
Rulemaking Authority 420.507, 420.508 FS. Law Implemented 420.5089(3) FS.
New 7-22-96, Amended 12-23-96, 7-10-97, 1-6-98, Formerly 9I-48.019, Amended 11-9-98, 2-24-00, Repromulgated 2-22-01, Amended 3-17-02, 4-6-03, Repromulgated 3-21-04, Amended 2-7-05, Repromulgated 1-29-06, 4-1-07, 3-30-08, 8-6-09, 11-22-11, 10-9-13, Amended 10-8-14, 9-15-16, Repromulgated 5-24-17, 7-8-18, 7-11-19, 6-23-20, 5-18-21, 7-6-22, 6-28-23.