2022 Code of Alabama
Title 24 - Housing.
Chapter 10 - Alabama Affordable Housing Act.
Section 24-10-7 - Requirements for Eligibility.
Section 24-10-7
Requirements for eligibility.
(a) In order for a proposal to be an activity eligible for support, the following minimum requirements must be met:
(1) Beneficiaries of the activity must be individuals or families whose annual income or incomes do not exceed 60 percent of the median family income of a geographic area, as determined by the U.S. Department of Housing and Urban Development, with adjustments for smaller and larger families.
(2) Housing to be funded must meet minimum housing quality standards set forth by the U.S. Department of Housing and Urban Development.
(3) Housing to be funded must comply with the design standards of the Americans with Disabilities Act.
(4) Housing to be funded must meet the same requirements for duration of affordability as set forth in the rules of ADECA for its HOME Investment Partnership Program, with priority given to housing that is to be affordable in perpetuity.
(b) Activities to be funded by the Alabama Housing Trust Fund shall be selected through a competitive process under rules to be determined by ADECA with input from the advisory committee.
(c) ADECA shall ensure that activities funded through the trust fund shall address the housing needs of each of the following populations, consistent with the input of the advisory committee and the statewide housing needs assessment:
(1) Disabled.
(2) Elderly.
(3) Victims of domestic violence.
(4) Veterans.
(5) Homeless or on the verge of becoming homeless.
(6) Living with an intellectual disability.
(7) Living with HIV/AIDS.
(d)(1) The rules of ADECA shall also set forth evaluation criteria, which shall include without limitation the following for all applications:
a. The experience of the entity making the proposal, determined through consideration of the proposer's past history in completing activities of a similar scale and nature.
b. The timeliness with which units will be developed or the activity implemented.
(2) For housing-specific applications, the rules of ADECA shall set forth evaluation criteria, which shall include, without limitation, the following:
a. An evaluation of the property management history of the developer and management agent provided that rental housing is proposed.
b. The number of years a development shall maintain units at affordable rental or sales prices and the strength of enforcement mechanisms to ensure long-term affordability.
c. The number of affordable units being made available to individuals and families whose annual incomes do not exceed 30 percent of the median family income of a geographic area, as determined by the U.S. Department of Housing and Urban Development, with adjustments for smaller and larger families.
d. The degree to which trust fund monies are used to leverage additional funding.
e. The extent to which the activity will leverage or augment local community affordable housing goals or locally adopted affordable housing plans such as revitalization areas or other geographic areas targeted for investment.
f. The extent to which housing produced will be part of a mixed income development or neighborhood.
g. The extent to which the activity serves individuals and families with special needs, including persons who are disabled, elderly, victims of domestic violence, veterans, homeless or on the verge of becoming homeless, living with HIV/AIDS, and those living with intellectual disabilities.
h. The extent to which the activity adheres to energy efficiency, green and health design, and other environmental and sustainability standards.
i. The extent to which housing will be located near transit lines, shopping, community services, and other amenities.
(e) No related entities, principals, or individuals shall be allocated trust fund funds in excess of 15 percent of the state's annual allocation.
(Act 2012-384, p. 1015, §7.)
