Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 7.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms in this chapter shall have the meanings
					 described in this subsection unless the context clearly indicates otherwise.
					 Other definitions may be found in Chapters 1, concerning Administration,
					 Chapter 2, concerning Enforcement, of this title, or in federal or state law
					 including, but not limited to, 24 CFR Parts 91, 200, 576, 582, and 583, and
					 UGMS or TXGMS, as applicable.
(1)
				  Affiliate--An entity related to an Applicant that controls by contract or by
				  operation of law the Applicant or has the power to control the Applicant or a
				  third entity that controls, or has the power to control both the Applicant and
				  the entity. Examples include but are not limited to entities submitting under a
				  common application, or instrumentalities of a unit of government. This term
				  also includes any entity that is required to be reported as a component entity
				  under Generally Accepted Accounting Standards, is required to be part of the
				  same Single Audit as the Applicant, is reported on the same IRS Form 990, or is
				  using the same federally approved indirect cost rate.
(2) Allocation Formula--Mathematical
				  relationship among factors, authorized by the Board, that determines, when
				  applicable, how much funding is available in an area or region in Subchapters
				  B, C, and D of this chapter, relating to Homelessness Programs.
(3) Applicant--A unit of local government,
				  nonprofit corporation or other entity, as applicable, who has submitted to the
				  Department an Application for Department funds or other assistance.
(4) Application--A request for a Contract
				  award submitted by an Applicant to the Department, in a form prescribed by the
				  Department, including any exhibits or other supporting material.
(5) At-risk of Homelessness--Defined by
				  24 CFR §
											576.2, except as otherwise defined by
				  Contract, the income limits for Program Participants are determined by the
				  Subrecipient but, at a minimum, do not exceed the moderate income level
				  pursuant to Tex. Gov't Code §
										2306.152.
(6) Code of Federal Regulations (CFR)--The
				  codification of the general and permanent rules and regulations of the federal
				  government as adopted and published in the Federal Register.
(7) Continuum of Care (CoC)--The group
				  composed of representatives of relevant organizations, which generally includes
				  nonprofit homeless providers; victim service providers; faith-based
				  organizations; governments; businesses; advocates; public housing agencies;
				  school districts; social service providers; mental health agencies; hospitals;
				  universities; affordable housing developers; law enforcement; organizations
				  that serve homeless and formerly homeless veterans, and homeless and formerly
				  homeless persons that are organized to plan for and provide, as necessary, a
				  system of outreach, engagement, and assessment; emergency shelter; rapid
				  re-housing; transitional housing; permanent housing; and prevention strategies
				  to address the various needs of homeless persons and persons at risk of
				  homelessness for a specific geographic area. HUD funds a CoC Program designed
				  to assist sheltered and unsheltered homeless people by providing the housing
				  and/or services needed to help individuals move into transitional and permanent
				  housing, with the goal of long-term stability.
(8) CoC Lead Agency--CoC collaborative
				  applicant in the HUD CoC Program per
				  24 CFR §
											578.3.
(9) Contract--The executed written agreement
				  between the Department and a Subrecipient performing a program activity that
				  describes performance requirements and responsibilities assigned by the
				  document.
(10) Contract System--The
				  electronic recordkeeping system established by the Department, as required by
				  the program.
(11) Contract
				  Term--Period of time identified in the Contract during which program activities
				  may be conducted.
(12) Cost
				  Reimbursement--A Contract sanction whereby reimbursement of costs incurred by
				  the Subrecipient occurs only after the Department has reviewed all relevant
				  documentation provided by the Subrecipient to support Expenditures.
				  Reimbursement will only be approved by the Department where the documentation
				  clearly supports the eligible use of funds.
(13) Declaration of Income Statement (DIS)--A
				  Department-approved form used only when it is not possible for a Subrecipient
				  to obtain third-party or firsthand verification of income, per
				  24 CFR §
											576.500(e)(4).
(14) Dwelling Unit--A residence that meets
				  Habitability Standards that is not an emergency shelter, hotel, jail,
				  institution, or similar temporary lodging. Transitional Housing is included in
				  this definition unless the context clearly states otherwise. Common areas
				  supporting the Dwelling Unit are also included in this definition.
(15) Elderly Person--
(A) For state funds, a person who is 60 years
				  of age or older; and
(B) For ESG, a
				  person who is 62 years of age or older.