Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter G - AFFIRMATIVE MARKETING REQUIREMENTS AND WRITTEN POLICIES AND PROCEDURE › Section 10.803 - Compliance and Events of Noncompliance

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				  will provide written notice to the Owner if the Department discovers through
				  monitoring, review, resident complaint, or any other manner that the
				  Development is not in compliance with the provisions of this subchapter. A 90
				  day Corrective Action Period will be provided. Documentation of correction must
				  be received during the Corrective Action Period for an Event of Noncompliance
				  to be considered corrected during the Corrective Action Period. The Department
				  may extend the Corrective Action Period for up to six months from the date of
				  the notice to the Development Owner only if there is good cause for granting an
				  extension and the owner requests an extension during the original 90 day
				  Corrective Action Period, and the request would not cause the Department or the
				  Owner to miss a federal deadline. Requests for an extension may be submitted
				  to: fair.housing@tdhca.state.tx.us.
(b) If an Owner submits evidence of
				  corrective action during the Corrective Action Period that addresses each
				  issue, but does not fully address all issues, the Department will give the
				  Owner written notice and an additional 10 calendar day period to submit
				  evidence of full corrective action.
(c) If communications to the Owner under this
				  subchapter have a pattern of being returned to the Department as refused,
				  unclaimed, or undeliverable, the Development may be considered not in
				  compliance without further notice to the Owner. The Owner is responsible for
				  providing the Department with current contact information, including
				  address(es) (physical and electronic) and phone number(s). The Owner must also
				  provide current contact information to the Department as required by §
										1.22 of this title (relating to
				  Providing Contact Information to the Department), and ensure that such
				  information is at all times current and correct.
(d) The Department will rely solely on the
				  information supplied by the Owner in the Department's web-based Compliance
				  Monitoring and Tracking System (CMTS) for notifications under this subchapter.
				  It is the Owner's sole responsibility to ensure at all times that such
				  information is current, accurate, and complete. Correspondence sent to the
				  email or physical address shown in CMTS will be deemed delivered to the Owner.
				  Correspondence from the Department may be directly uploaded to the property's
				  CMTS account using the secure electronic document attachment system. Once
				  uploaded, notification of the attachment will be sent electronically to the
				  email address listed in CMTS. The Department is not required to send a paper
				  copy, and if it does so it does as a voluntary and non-precedential courtesy
				  only.
(e) Events of Noncompliance
				  identified in the evaluation of the requirements of this subchapter will be
				  those specified in §
										10.625 of this title (relating to
				  Events of Noncompliance).