Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter D - WEATHERIZATION ASSISTANCE PROGRAM › Section 6.414 - Eligibility for Multifamily Dwelling Units and Shelters

Current through Reg. 49, No. 28; July 12, 2024
(a) Multifamily
				  building and Shelter weatherization is not considered a federal public benefit
				  and the activity is exempt from the requirements of §
										6.406(g) and (h)
				  of this subchapter (relating to U.S. Citizen, U.S. National or Qualified Alien,
				  and determining Categorical Eligibility or Vulnerable Populations,
				  respectively).
(b) A Subrecipient
				  may weatherize a building containing Rental Units if not less than 66% (50% for
				  duplexes and four-unit buildings) of the Dwelling Units in the building are
				  occupied by low income Households, or will become occupied by Low-income
				  Households within 180 days under a Federal, State, or local government program
				  for rehabilitating the building or making similar improvements to the
				  building.
(c) In order to
				  weatherize large multifamily buildings containing twenty-five or more Dwelling
				  Units or those with shared central heating (e.g., boilers) and/or shared
				  cooling plants (e.g., cooling towers that use water as the coolant) regardless
				  of the number of Dwelling Units, Subrecipient shall submit in writing to the
				  Department a request for approval along with evidence which clearly shows that
				  an investment of funds would result in Significant Energy Savings because of
				  upgrades to equipment, energy systems, common space, or the building shell.
				  When necessary, the Department will seek approval from DOE. Approvals from the
				  Department in writing must be received prior to the installation of any
				  Weatherization measures in this type of structure.
(d) In order to weatherize Shelters,
				  Subrecipient shall submit a written request for approval from the Department.
				  Written approval from the Department must be received prior to the installation
				  of any Weatherization measures. Income determination is not required to be done
				  for residents of Shelters.
(e) If
				  roof repair is to be considered as an eligible repair cost under the
				  Weatherization process, the expenses must be shared equally by all eligible
				  Dwelling Units weatherized under the same roof. If multiple storied buildings
				  are weatherized, eligible ground floor units must be allocated a portion of the
				  roof cost as well as the eligible top floor units. All Weatherization measures
				  installed in multifamily units must meet applicable IRC requirements, NREL
				  Standard Work Specifications, the standards set in
				  10 CFR §
											440.18(d)(9) and (15), and
				  Appendix A-Standards for Weatherization Materials.
(f) Subrecipient shall establish a
				  multifamily master file for each multifamily project in addition to the
				  applicable Dwelling Unit recordkeeping requirements found in the Contract. The
				  multifamily master file must include, at a minimum, the forms (available on the
				  Department's website) listed in paragraphs (1) - (6) of this subsection:
(1) Multifamily Project Preparation
				  Checklist;
(2) Multifamily Project
				  Completion Checklist;
(3) Landlord
				  Permission to Perform Assessment and Inspections for Rental Units;
(4) Landlord Agreement;
(5) Landlord Financial Participation Form;
				  and
(6) Multifamily Project
				  Building Data Checklist.