South Carolina Code of Regulations Chapter 64 - SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY
South Carolina Code of Regulations Chapter 64 — South Carolina State Housing Finance and Development Authority
1. Purpose and Scope
Chapter 64 governs the operations and responsibilities of the South Carolina State Housing Finance and Development Authority. This agency’s primary mission is to promote affordable housing development and finance initiatives throughout the state. Its goals include:
Facilitating the availability of affordable housing for low- and moderate-income residents.
Administering financial assistance programs such as loans, grants, and tax credits.
Supporting the development, rehabilitation, and preservation of housing stock.
Ensuring compliance with housing standards and eligibility criteria.
2. Key Areas Covered
Program Administration: Rules for application, approval, and management of housing finance programs.
Eligibility Requirements: Criteria for applicants including individuals, developers, and housing agencies.
Funding Mechanisms: Guidelines on how loans, grants, and subsidies are allocated and managed.
Project Oversight: Standards for construction, rehabilitation, and ongoing management of housing projects.
Reporting and Compliance: Requirements for documentation, monitoring, and audits of funded projects.
Enforcement and Remedies: Procedures for addressing violations, defaults, or misuse of funds.
3. Functions and Responsibilities
Loan and Grant Processing: Evaluates applications, approves funding, and sets terms.
Program Monitoring: Ensures funded projects comply with conditions and housing quality standards.
Policy Development: Advises on housing policies to support affordable housing strategies.
Collaboration: Works with public, private, and nonprofit partners to maximize housing impact.
Dispute Resolution: Handles appeals and disputes related to program decisions.
4. Administrative Procedures
Application Submission: Applicants must meet documentation and eligibility requirements.
Review Process: Thorough evaluation of applications for financial feasibility and compliance.
Contracting: Formal agreements defining responsibilities and funding conditions.
Inspections: Physical and financial audits of housing projects.
Sanctions: Imposition of penalties, repayment demands, or suspension from programs for noncompliance.
5. Relevant Case Law Principles
Although specific South Carolina cases may not directly interpret Chapter 64, general administrative and housing law principles apply:
Case Concept 1: Due Process in Funding Decisions
Principle: Applicants are entitled to fair procedures, including notice and an opportunity to challenge denials or funding reductions.
Example: Before revoking funding, the Authority must provide reasons and a chance to respond.
Case Concept 2: Discretion and Judicial Deference
Principle: Courts generally defer to the Authority’s expertise in housing finance and project evaluation unless decisions are arbitrary or capricious.
Example: Judicial review focuses on procedural fairness rather than second-guessing substantive judgments.
Case Concept 3: Contractual Obligations and Enforcement
Principle: Agreements between the Authority and applicants are binding and enforceable, with remedies for breach.
Example: Failure to comply with program terms can lead to sanctions or repayment demands upheld by courts.
Case Concept 4: Public Interest and Affordable Housing
Principle: Courts recognize the Authority’s role in serving public interests by expanding affordable housing access.
Example: Regulations balancing efficient program management with equitable housing access are generally upheld.
6. Summary Table
| Aspect | Explanation |
|---|---|
| Program Administration | Application, review, approval, and funding |
| Eligibility | Criteria for individuals and organizations |
| Funding and Contracts | Loans, grants, agreements, and enforcement |
| Monitoring and Compliance | Inspections, reporting, audits |
| Due Process | Fair notice and opportunity to respond to adverse actions |
| Judicial Deference | Courts defer to agency expertise unless decisions are arbitrary |
| Public Interest | Support for affordable housing recognized by courts |
7. Conclusion
Chapter 64 of the South Carolina Code of Regulations provides the regulatory framework empowering the State Housing Finance and Development Authority to effectively administer housing programs. It balances the Authority’s discretion and expertise with protections ensuring fair procedures and accountability. Judicial principles generally support the Authority’s role in advancing affordable housing while safeguarding applicants’ procedural rights.
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