See above comments. See response to NPH comments. NPH’s SHE See comment one in above comment. See response to second comment on §8314, above. NPH’s Eden’s CHW The reference to Developer Fee, pursuant to Section §8312 has been substantially revised. Hopefully the “deferred Section in §8314(a)(1)(A) is unclear, given the revisions make this clearer. §8312” changes made to §8312. HCD agrees that supportive services should be payable on a priority basis the to the extent that they would be “below line” Subsection (a)(1)(B) should allow the priority allowed an operating expense. The proposed language has “below line” payments for supportive services. Especially important for been revised at subsection (a)(1)(c) to explicitly allow this. AHP projects, since AHP does not allow services to be included as operating expenses. The wording has not lead to any practical problems, to “may” knowledge. No change is proposed. HCD’s Subdivision (a)(2)(A) should be clarified, and the language should be changed to to provide more “may agree” “shall” certainty of cash flow. Abode See comment one in above comment. See response to second comment on §8314, above. NPH’s Eden’s Department may agree to should be changed to See response to third CHW comment above. “The share” Department shall to remove uncertainty. “The share” SCANPH See comment one in above comment. See response to second comment on §8314, above. NPH’s Eden’s HCD agrees that clarification would be appropriate, and has HCD should permit unpaid fees to accrue in any year. revised the proposed language. (a)(1)(B) now makes it clear that the limit includes investor fees. HCD should clarify if the $30,000 limit includes the investor’s asset management fee. See response to third CHW comment above. Please change the agreement to in “may agree” “shall” section (a)(2)(A) to remove uncertainty for Sponsors and public lenders.
See NPH’s above comments. See response to NPH comments. SHE See comment one in NPH’s above comment. See response to Eden’s second comment on §8314, above. CHW The reference to “deferred Developer Fee, pursuant to Section §8312” in §8314(a)(1)(A) is unclear, given the changes made to §8312. Subsection (a)(1)(B) should allow “below the line” priority payments for supportive services. Especially important for AHP projects, since AHP does not allow services to be included as operating expenses. Subdivision (a)(2)(A) should be clarified, and the language “may agree” should be changed to “shall” to provide more certainty of cash flow. Section §8312 has been substantially revised. Hopefully the revisions make this clearer. HCD agrees that supportive services should be payable on a priority basis “below the line” to the extent that they would be allowed an operating expense. The proposed language has been revised at subsection (a)(1)(c) to explicitly allow this. The “may” wording has not lead to any practical problems, to HCD’s knowledge. No change is proposed. Abode See comment one in NPH’s above comment. “The Department may agree to share” should be changed to “The Department shall share” to remove uncertainty. See response to Eden’s second comment on §8314, above. See response to third CHW comment above. SCANPH See comment one in NPH’s above comment. HCD should permit unpaid fees to accrue in any year. HCD should clarify if the $30,000 limit includes the investor’s asset management fee. Please change the agreement “may agree” to “shall” in section (a)(2)(A) to remove uncertainty for Sponsors and public lenders. See response to Eden’s second comment on §8314, above. HCD agrees that clarification would be appropriate, and has revised the proposed language. (a)(1)(B) now makes it clear that the limit includes investor fees. See response to third CHW comment above.
summary-and-response-to-comments.docx