Division of Administrative Hearings, Florida
Filed: Jul. 18, 2018
The issue is whether the decision of Respondent Florida Housing Finance Corporation (FHFC) to waive, as a minor irregularity, the failure of Respondent Midtown Lofts, LTD. (Midtown) to disclose in its application for federal low-income housing tax credits (LIHTC) the existence of two occupied dwelling units on the property proposed for development is clearly erroneous, contrary to competition, arbitrary, or capricious (Clearly Erroneous), as provided by section 120.57(3)(f), Florida Statutes.Not clearly erroneous for agency to treat discrepancy as a minor irregularity because it did not confer competitive advantage on applicant.