Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter C - EMERGENCY SOLUTIONS GRANTS (ESG) › Section 7.42 - General Administrative Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Subrecipient must have written policies
				  and procedures to ensure that sufficient records are established and maintained
				  to enable a determination that applicable federal and state requirements are
				  met. The written standards must be applied consistently for all Program
				  Participants. Written policies must include, but not be limited to, Inclusive
				  Marketing outlined in §
										RSA
				  7.10 of this chapter (relating to Inclusive
				  Marketing).
(b) Subrecipient must
				  obtain the correct level of environmental clearance prior to expenditure of
				  funds. Activities for which the Subrecipient does not properly complete the
				  Department's environmental review process are ineligible, and funds will not be
				  reimbursed or will be required to be repaid.
(c) Subrecipient is prohibited from charging
				  occupancy fees for emergency shelter activities supported by funds covered by
				  this subchapter.
(d) If a Private
				  Nonprofit Organization Subrecipient wishes to expand the geographic scope of
				  its emergency shelter activities after Contract execution, an updated
				  certification of approval from the Unit of General Purpose Local Government
				  with jurisdiction over the updated Service Area must be submitted to the
				  Department before funds are spent on emergency shelter in those
				  areas.
(e) Subrecipient must
				  document compliance with the shelter and housing standards per
				  24 CFR §
											576.500(j) and
				  (k), including but not limited to,
				  maintaining sufficient construction and shelter inspection reports.
(f) Rental developments must comply with all
				  construction or operational requirements governing the development or program
				  to which funds are comingled, and must comply with local health and safety
				  codes.
(g) Subrecipient may be
				  required to complete Contract orientation training prior to submission of the
				  first Monthly Expenditure Report. Subrecipient must also complete training as
				  requested by the Department in response to Findings or other issues identified
				  while managing the Contract.
(h)
				  Subrecipient must develop and establish written procurement procedures that
				  comply with federal, State, and local procurement requirements. A conflict of
				  interest related to procurement is prohibited by 2 CFR § 200.317-318 or
				  Chapter 171 of the Local Government Code, as applicable.
(i) In instances where a potential conflict
				  of interest exists related to a beneficiary of assistance to a Program
				  Participant, Subrecipient must submit a request to the Department to grant an
				  exception to any conflicts prohibited using the procedures at
				  24 CFR §
											576.404. The request submitted to the
				  Department must include a disclosure of the nature of the conflict, accompanied
				  by an assurance that there has been public disclosure of the conflict, a
				  description of how the public disclosure was made, and an attorney's opinion
				  that the conflict does not violate State or local law. No funds will be
				  committed to assist a Household until HUD has granted an exception.
(j) Subrecipient will comply with the
				  requirements under
				  24
				  CFR §
											576.409, "Protection for victims
				  of domestic violence, dating violence, sexual assault, or stalking."
(1) Compliance with
				  24
				  CFR §
												576.409 includes, but is not
				  limited to, providing two Departmental forms called "Notice of Occupancy Rights
				  under the Violence Against Women Act" based on HUD form 5380 and "Certification
				  of Domestic Violence, Dating Violence, Sexual Assault, or Stalking," HUD form
				  5382, to each of the following:
(A) All
				  applicants for short- and medium-term rental assistance at the time of
				  admittance or denial;
(B) Program
				  Participants of short- and medium-term rental assistance prior to execution of
				  a Rental Assistance Agreement;
(C)
				  Program Participants of short- and medium-term rental assistance with any
				  notification of eviction or notification of termination of assistance;
				  and
(D) Program Participants of
				  short- and medium-term rental assistance either during an annual
				  Recertification or lease renewal process, whichever is applicable.