Chapter 175-1 | General Provisions

Rule 175-1-02 | General provisions.

• Effective: May 19, 2014
• Promulgated Under: 119.03

(A) Under extreme exigent circumstances and not in contradiction of any provision under the ORC or agency rules, the agency may waive specific provisions of the rules in this chapter where good cause is shown and adequate supporting documentation is provided. Any waiver is at the sole discretion of the agency, subject to applicable provisions of the Revised Code and Internal Revenue Code.

(B) The agency shall not issue obligations to provide financing for any project unless the owners have satisfied the general requirements set forth in the rules in this chapter. The agency reserves the right to impose additional specific requirements with respect to any particular project. Compliance with the rules in this chapter by an applicant does not and shall not create any right by such applicant to a commitment or assurance that financing will be provided by the agency.

(C) The agency shall not provide funding for any project or home unless such project or home are located entirely within the boundaries of the state of Ohio.

(D) Projects assisted with funds from the agency shall be made available without discrimination or preference based on race, age, sex, ancestry, national origin, religion, veteran status, or disability and the recipient of funds must agree to affirmatively market the units.

(E) Funding provided by the agency for any project or home is subject to the availability of funds and limitations otherwise prescribed by law.

(F) The agency shall establish specific occupancy and eligibility requirements in program guidelines.

(G) The agency shall issue and amend guidelines from time to time to establish procedures to amplify rules in this chapter.

Last updated March 6, 2024 at 12:26 PM

Supplemental Information

Authorized By: 175.05
Amplifies: 175.01
Five Year Review Date: 4/12/2025
Prior Effective Dates: 3/23/2004

Rule 175-1-03 | Definitions.

• Effective: July 8, 2019
• Promulgated Under: 119.03

As used in agency 175 of the Administrative Code:

(A) "Agency" shall mean the Ohio housing finance agency, an agency of the state of Ohio.

(B) "Limited profit entity" shall mean:

(1) A limited partnership in which at least one general or limited partner is a nonprofit corporation organized for the purpose of ownership and/or operation of a housing development;

(2) A for profit subsidiary wholly owned by a nonprofit corporation engaged in the development of low-and moderate-income housing; or

(3) Any other business association, including, but not limited to limited liability companies, which by reason of its organizational documents preclude its partners, members, shareholders, or other controlling or participating entity from receiving income, dividends, or other remuneration in excess of a fixed percentage of the profits, derived from the ownership or operation of a housing development. The agency reserves the right to make conclusive determinations as to the sufficiency, reasonableness, and propriety of all applicants seeking eligibility as a limited profit entity under this program.

(C) "Private developer" shall mean any individual, firm, corporation or entity, other than a nonprofit corporation, limited profit entity, or public corporation.

(D) "Public corporation" shall mean a metropolitan housing authority created pursuant to Chapter 3735. of the Revised Code, or nonprofit corporation created by such metropolitan housing authority or any municipal corporation, or state agency, body corporate and politic or public entity or public corporation established pursuant to state and federal law and having as one of its powers the acquisition, construction or rehabilitation of housing or the assistance thereof.

(E) "Project" shall mean housing determined by the agency to be eligible for financing.

(F) "Sponsor" shall mean any nonprofit corporation, limited profit entity, or public corporation.

For any terms used in this chapter and not defined in this rule, the definitions contained in Chapter 175. of the Revised Code should be used.

Supplemental Information

Authorized By: 175.05
Amplifies: 171.01, 175.32
Five Year Review Date: 4/12/2025
Prior Effective Dates: 5/30/1992

Rule 175-1-04 | Multifamily notification process.

• Effective: June 8, 2009
• Promulgated Under: 119.03

(A) Project address. In supplying the project address as required under the notification process set forth in section 175.07 of the Revised Code, it shall be sufficient, when it is not fully known what addresses shall be included in a multifamily rental development, to indicate that the project will be built within an area with a clearly identified boundary of designated streets or other geographic boundaries, or on parcel numbers included in the notice or by other reasonable means that will identify the approximate location of the project.

(B) Summary of programs. In supplying the summary of the programs that the project will utilize, as required under the notification process set forth in section 175.07 of the Revised Code, the applicant shall only be required to identify financing programs that are offered by the Ohio housing finance agency.

Last updated March 6, 2024 at 12:26 PM

Supplemental Information

Authorized By: 175.05
Amplifies: 175.07
Five Year Review Date: 4/12/2025