reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 26 - TEXAS HOUSING TRUST FUND RULE › Subchapter B - AMY YOUNG BARRIER REMOVAL PROGRAM › Section 26.22 - Amy Young Barrier Removal Program Geographic Dispersion

Current through Reg. 49, No. 28; July 12, 2024
(a) The process to
				  promote geographic dispersion of program funds is as described in this
				  subsection:
(1) For a published period not
				  less than 30 days and in accordance with the NOFA, each state region will be
				  allocated funding amounts for its rural and urban subregions. During this
				  initial period, these funds may be reserved only for Households located in
				  these rural and urban subregions;
(2) After the initial release of funds under
				  paragraph (1) of this subsection, each state region will combine any remaining
				  funds from its rural and urban subregions into one regional balance for a
				  second published period not to exceed 90 calendar days. During this second
				  period, these funds may be reserved only for Households located in that state
				  region; and
(3) After no more than
				  180 calendar days following the initial release date, any funds remaining
				  across all state regions will collapse into one statewide pool. For as long as
				  funds are available, these funds may be reserved for any Households anywhere in
				  the state on a first-come, first-served basis.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 26 - TEXAS HOUSING TRUST FUND RULE › Subchapter B - AMY YOUNG BARRIER REMOVAL PROGRAM › Section 26.25 - Amy Young Barrier Removal Program Household Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) At least one Household member shall meet
				  the definition of Persons with Disabilities.
(b) The assisted Household must be qualified
				  as Low-Income.
(c) The assisted
				  Household's liquid assets shall not exceed $25,000. Liquid assets are
				  considered to be cash deposited in checking or savings accounts, money markets,
				  certificates of deposit, mutual funds, or brokerage accounts; the net value of
				  stocks or bonds that may be easily converted to cash; and the net cash value
				  calculated utilizing the appraisal district's market value for any real
				  property that is not a principal residence. Funds in tax deferred accounts for
				  retirement or education savings, including but not limited to Individual
				  Retirement Accounts, 401(k)s, 529 plans, and whole life insurance policies are
				  excluded from the liquid assets calculation.
(d) The Household may be ineligible for the
				  program if there is debt owed to the State of Texas, including a tax
				  delinquency; a child support delinquency; a student loan default; or any other
				  delinquent debt owed to the State of Texas.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 26 - TEXAS HOUSING TRUST FUND RULE › Subchapter B - AMY YOUNG BARRIER REMOVAL PROGRAM › Section 26.26 - Amy Young Barrier Removal Program Property Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Owner-occupied homes are eligible for
				  Program assistance. In owner-occupied homes, the owner of record must reside in
				  the home as their permanent residence unless otherwise approved by the
				  Department. If the property is family-owned and the owner of record is deceased
				  or not a Household member, the Department may deem the property renter-occupied
				  unless satisfactory documentation is provided to the Department that confirms
				  otherwise.
(b) Certain rental units
				  are eligible for Program assistance and must meet the following requirements:
(1) In rental units, all Household occupants,
				  including the Person with Disability, must be named on the Program intake
				  application and household income certification.
(2) The owner of record for the property
				  shall provide a statement allowing accessibility modifications to be made to
				  the property.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 26 - TEXAS HOUSING TRUST FUND RULE › Subchapter B - AMY YOUNG BARRIER REMOVAL PROGRAM › Section 26.27 - Amy Young Barrier Removal Program Construction Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Inspections.
(1) Initial inspection arranged
				  by the Administrator is required and must identify the accessibility
				  modifications needed by the Person with Disability; assess and document the
				  condition of the property; and identify all deficiencies that constitute
				  life-threatening hazards and unsafe conditions.
(2) Final inspection arranged by the
				  Administrator is required and must verify, assess, and document that all
				  construction activities have been repaired, replaced, and/or installed in a
				  professional manner consistent with all applicable building codes and Program
				  requirements, and as required in the Work Write-Up as described in subsection
				  (e) of this section.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 26 - TEXAS HOUSING TRUST FUND RULE › Subchapter B - AMY YOUNG BARRIER REMOVAL PROGRAM › Section 26.28 - Amy Young Barrier Removal Program Project Completion Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Administrator must complete all
				  construction activities prior to the expiration of the Household Assistance
				  Contract and the Administrator must submit the Project and Administrative Draw
				  Request, with required supporting documentation, in the Housing Contract System
				  for reimbursement by the Department not more than 60 calendar days after
				  expiration of the Household Assistance Contract.
(b) The Administrator must submit evidence
				  with the final Draw that the builder has provided a one-year warranty
				  specifying at a minimum that materials and equipment used by the contractor
				  will be new and of good quality unless otherwise required, the work will be
				  free from defects other than those inherent in the work as specified, and the
				  work will conform to the requirements of the contract documents.
(c) The Administrator must provide the
				  Household all warranty information for work performed by the builder and any
				  materials purchased for which a manufacturer or installer's warranty is
				  included in the price.
(d) The
				  Department will reimburse the Administrator in one, single payment after the
				  Administrator's successful submission of the Project and Administrative Draw
				  Request per Department instructions. Interim Draws may not be permitted. The
				  Department reserves the right to delay Draw approval in the event that the
				  Household expresses dissatisfaction with the work completed in order to resolve
				  any outstanding conflicts between the Household and the Administrator and its
				  subcontractors.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 27 - TEXAS FIRST TIME HOMEBUYER PROGRAM RULE › Section 27.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of the Texas First Time
				Homebuyer Program is to facilitate the origination of single-family Mortgage
				Loans for eligible first time Homebuyers, and to make available down payment
				and closing cost assistance to eligible Homebuyers. The Texas First Time
				Homebuyer Program is administered in accordance with Texas Government Code,
				Chapter 2306. Chapter 20 of this title (relating to the Single Family Programs
				Umbrella Rule) does not apply to the activities under this chapter, except if
				these activities are combined with activities subject to Chapter 20 of this
				title.
(b) Assistance under this
				Program is dependent, in part, on the availability of funds. The Department may
				cease offering all or a part of the assistance available under the program at
				any time and in its sole discretion.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 27 - TEXAS FIRST TIME HOMEBUYER PROGRAM RULE › Section 27.3 - Restrictions on Residences Financed and Applicant

Current through Reg. 49, No. 28; July 12, 2024
(a) Type of Residence and Number of Units. To
				be eligible for assistance under the Program an Applicant must apply with
				respect to a Residence that is either a new or existing single family
				residence, new or existing condominium or townhome, or manufactured housing
				that has been converted to real property in accordance with the Texas
				Occupations Code, Chapter 1201 or FHA guidelines, as required by the
				Department. A duplex may be financed under the Program as long as one unit of
				the duplex is occupied by the Applicant as his or her Residence, and the duplex
				was first occupied for residential purposes at least five years prior to the
				closing of the Mortgage Loan.
(b)
				Homebuyer Education. Each Applicant must complete a Department approved
				pre-purchase homebuyer education course.
(c) Income Limits. An Applicant applying for
				a Mortgage Loan must meet Applicable Median Family Income
				requirements.
(d) Down Payment
				Assistance. An Applicant meeting the Applicable Median Family Income
				requirements in subsection (c) of this section may qualify for down payment and
				closing cost assistance in connection with the Mortgage Loan on a first come,
				first served basis, subject to availability of funds.
(e) Residential Property Standards. The
				Residence must meet all standards required by the State of Texas, local
				jurisdiction, and as required by the Federal Mortgage Lender.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 27 - TEXAS FIRST TIME HOMEBUYER PROGRAM RULE › Section 27.4 - Occupancy and Use Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Occupancy requirement. The Homebuyer must occupy the property within a
				reasonable time (not to exceed 60 days) after the date of closing as his or her
				Residence.
(b) Use for a business.
				Homebuyer may not use more than 15% of the Residence in a trade or business
				(including childcare services) on a regular basis for compensation. If the
				Residence is to be used, in part, for a trade or business, a schematic drawing
				from an appraiser must be provided.
(c) Homebuyer may not use the Residence, or
				any part thereof, as an investment property, rental property, vacation or
				second home, or recreational home, and shall continue to occupy the Residence
				as Homebuyer's principal living space, unless waived by the Executive Director
				or their designee, which consent shall not be unreasonably withheld, or unless
				extenuating circumstances exist which are beyond Homebuyer's control.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 27 - TEXAS FIRST TIME HOMEBUYER PROGRAM RULE › Section 27.5 - Application Procedure and Requirements for Commitments by Mortgage Lenders

Current through Reg. 49, No. 28; July 12, 2024
(a) An Applicant seeking assistance under the
				Program must first contact a participating Mortgage Lender. A list of
				participating Mortgage Lenders may be obtained on the Department's website or
				by contacting the Department.
(b)
				Applicant shall complete an application with a participating Mortgage
				Lender.
(c) Application Fees. Fees
				that may be collected by the Mortgage Lender from the Applicant relating to a
				Mortgage Loan include:
(1) an appropriate, as
				determined by the Department, origination fee and/or buyer/seller points;
				and
(2) all usual and reasonable
				settlement or financing costs that are permitted to be so collected by FHA,
				RHS, VA, Freddie Mac or Fannie Mae, as applicable, and other applicable laws,
				but only to the extent such charges do not exceed the usual and reasonable
				amounts charged in the area in which the Residence is located. Such usual and
				reasonable settlement or financing costs shall include an application fee as
				determined by the Department, the total estimated costs of a credit report on
				the Applicants and an appraisal of the property to be financed with the
				Mortgage Loan, title insurance, survey fees, credit reference fees, legal fees,
				appraisal fees and expenses, credit report fees, FHA insurance premiums,
				private Mortgage guaranty insurance premiums, VA guaranty fees, VA funding
				fees, RHS guaranty fees, hazard or flood insurance premiums, abstract fees, tax
				service fees, recording or registration fees, escrow fees, and file preparation
				fees.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 27 - TEXAS FIRST TIME HOMEBUYER PROGRAM RULE › Section 27.6 - Criteria for Approving Participating Mortgage Lenders

Current through Reg. 49, No. 28; July 12, 2024
(a) To be approved by the Department for
				participation in the program, a Mortgage Lender must meet the requirements in
				the Participation Packet to be a qualified Mortgage Lender as specified by:
(1) FHA;
(2) RHS;
(3) VA; or
(4) be a lender currently participating in
				the conventional home lending market for loans originated in accordance with
				Fannie Mae's and/or Freddie Mac's requirements.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 27 - TEXAS FIRST TIME HOMEBUYER PROGRAM RULE › Section 27.7 - Resale of the Residence

Current through Reg. 49, No. 28; July 12, 2024
Mortgage Loans that are financed with the proceeds of
				  tax-exempt bonds, or for which a Mortgage Credit Certificate has been or will
				  be issued, will be subject to federal income tax recapture provisions.
				  Assumption of a Mortgage Loan is allowed under the Program if the new owner
				  meets the Program requirements at the time of the sale of the
				  Residence.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 27 - TEXAS FIRST TIME HOMEBUYER PROGRAM RULE › Section 27.8 - Conflicts with Bond Indentures and Applicable Law

Current through Reg. 49, No. 28; July 12, 2024
All assistance provided under the Program is funded through
				  or facilitated by the Department's mortgage revenue bond indentures and is
				  subject to changes in the mortgage revenue bond indentures and applicable law.
				  If there is a conflict between this chapter and any bond indenture or
				  applicable law regarding the use of the funds from mortgage revenue bonds, the
				  mortgage revenue bond indenture or applicable law shall
				  control.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 27 - TEXAS FIRST TIME HOMEBUYER PROGRAM RULE › Section 27.9 - Waiver

Current through Reg. 49, No. 28; July 12, 2024
The Board, in its discretion and within the limits of federal
				  and state law, may waive any one or more of the rules governing this Program,
				  except 10 TAC §
									RSA
				  27.8 of this chapter, if the Board finds that
				  waiver is appropriate to fulfill the purposes or polices of Texas Government
				  Code, Chapter 2306.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 28 - TAXABLE MORTGAGE PROGRAM › Section 28.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of the Taxable Mortgage
				Program is to facilitate the origination of single-family mortgage loans and to
				refinance existing Mortgage Loans for eligible Homebuyers and in both cases to
				make down payment and closing cost assistance available to eligible Homebuyers.
				Chapter 20 of this title (relating to the Single Family Programs Umbrella Rule)
				does not apply to the activities under this chapter, except if these activities
				are combined with activities subject to Chapter 20 of this title.
(b) Assistance under this program is
				dependent, in part, on the availability of funds. The Department may cease
				offering all or a part of the assistance available under the program at any
				time and in its sole discretion.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 28 - TAXABLE MORTGAGE PROGRAM › Section 28.3 - Restrictions on Residences Financed and Applicant

Current through Reg. 49, No. 28; July 12, 2024
(a) Type of Residence and Number of Units. To
				be eligible for assistance under the Program an Applicant must apply with
				respect to a Residence that is either a new or existing single family
				residence, new or existing condominium or townhome, or manufactured housing
				that has been converted to real property in accordance with the Texas
				Occupations Code, Chapter 1201 or FHA guidelines, as required by the
				Department. A duplex may be financed under the Program as long as one unit of
				the duplex is occupied by the Applicant as his or her Residence, and the duplex
				was first occupied for residential purposes at least five years prior to the
				closing of the Mortgage Loan.
(b)
				Homebuyer Education. Each Applicant must complete a Department approved
				pre-purchase homebuyer education course.
(c) Income Limits. An Applicant applying for
				a Mortgage Loan must meet Applicable Median Family Income
				requirements.
(d) Down Payment
				Assistance. An Applicant meeting the Applicable Median Family Income
				requirements in subsection (c) of this section may qualify for down payment and
				closing cost assistance in connection with the Mortgage Loan on a first come,
				first served basis, subject to availability of funds.
(e) Residential Property Standards. The
				Residence must meet all standards required by the State of Texas, local
				jurisdiction, and as required by the Mortgage Lender.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 28 - TAXABLE MORTGAGE PROGRAM › Section 28.4 - Occupancy and Use Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Occupancy
				requirement. The Homebuyer must occupy the property within a reasonable time
				(not to exceed 60 days) after the date of closing as his or her
				Residence.
(b) Use for a business.
				Homebuyer may not use more than 15% of the Residence in a trade or business
				(including childcare services) on a regular basis for compensation. If the
				Residence is to be used, in part, for a trade or business, a schematic drawing
				from an appraiser must be provided.
(c) Homebuyer may not use the Residence, or
				any part thereof, as an investment property, rental property, vacation or
				second home, or recreational home, and shall continue to occupy the Residence
				as Homebuyer's principal living space, unless waived by the Executive Director
				or their designee, which consent shall not be unreasonably withheld, or unless
				extenuating circumstances exist which are beyond Homebuyer's control.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 28 - TAXABLE MORTGAGE PROGRAM › Section 28.5 - Application Procedure and Requirements for Commitments by Mortgage Lenders

Current through Reg. 49, No. 28; July 12, 2024
(a) An Applicant seeking assistance under the
				Program must first contact a participating Mortgage Lender. A list of
				participating Mortgage Lenders may be obtained on the Department's website or
				by contacting the Department.
(b)
				Applicant shall complete an application with a participating Mortgage
				Lender.
(c) Application Fees. Fees
				that may be collected by the Mortgage Lender from the Applicant relating to a
				Mortgage Loan include:
(1) an appropriate, as
				determined by the Department, origination fee and/or buyer/seller points;
				and
(2) all usual and reasonable
				settlement or financing costs that are permitted to be so collected by FHA,
				RHS, VA, Freddie Mac or Fannie Mae, as applicable, and other applicable laws,
				but only to the extent such charges do not exceed the usual and reasonable
				amounts charged in the area in which the Residence is located. Such usual and
				reasonable settlement or financing costs shall include an application fee as
				determined by the Department, the total estimated costs of a credit report on
				the Applicants and an appraisal of the property to be financed with the
				Mortgage Loan, title insurance, survey fees, credit reference fees, legal fees,
				appraisal fees and expenses, credit report fees, FHA insurance premiums,
				private Mortgage guaranty insurance premiums, VA guaranty fees, VA funding
				fees, RHS guaranty fees, hazard or flood insurance premiums, abstract fees, tax
				service fees, recording or registration fees, escrow fees, and file preparation
				fees.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 28 - TAXABLE MORTGAGE PROGRAM › Section 28.6 - Criteria for Approving Participating Mortgage Lenders

Current through Reg. 49, No. 28; July 12, 2024
(a) To be approved by the Department for
				participation in the program, a Mortgage Lender must meet the requirements in
				the Participation Packet to be a qualified Mortgage Lender as specified by:
(1) FHA;
(2) RHS;
(3) VA; or
(4) be a lender currently participating in
				the conventional home lending market for loans originated in accordance with
				Fannie Mae's and/or Freddie Mac's requirements.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 28 - TAXABLE MORTGAGE PROGRAM › Section 28.7 - Resale of the Residence

Current through Reg. 49, No. 28; July 12, 2024
Mortgage Loans that are financed with the proceeds of
				  tax-exempt bonds, or for which a Mortgage Credit Certificate has been or will
				  be issued, will be subject to federal income tax recapture provisions.
				  Assumption of a Mortgage Loan is allowed under the Program if the new owner
				  meets the Program requirements at the time of the sale of the
				  Residence.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 28 - TAXABLE MORTGAGE PROGRAM › Section 28.8 - Conflicts with Bond Indentures and Applicable Law

Current through Reg. 49, No. 28; July 12, 2024
All assistance provided under the Program is funded through
				  or facilitated by the Department's mortgage revenue bond indentures and is
				  subject to changes in the mortgage revenue bond indentures and applicable law.
				  If there is a conflict between this chapter and any bond indenture or
				  applicable law regarding the use of the funds from mortgage revenue bonds, the
				  mortgage revenue bond indenture or applicable law shall
				  control.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 28 - TAXABLE MORTGAGE PROGRAM › Section 28.9 - Waiver

Current through Reg. 49, No. 28; July 12, 2024
The Board, in its discretion and within the limits of federal
				  and state law, may waive any one or more of the rules governing this Program,
				  except 10 TAC §
									RSA
				  28.8 of this chapter, if the Board finds that
				  waiver is appropriate to fulfill the purposes or polices of Texas Government
				  Code, Chapter 2306, or for good cause, as determined by the
				  Board.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 29 - TEXAS SINGLE FAMILY NEIGHBORHOOD STABILIZATION PROGRAM RULE › Section 29.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter clarifies the administration of the Texas Single
				  Family Neighborhood Stabilization Program ("Texas SFNSP"). Texas SFNSP funds
				  are administered by the Department. The Texas SFNSP awards funding to
				  Subgrantees to acquire foreclosed, abandoned, or vacant property in order to
				  redevelop it and prevent it from becoming a source of blight which could
				  contribute to declining property values.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 29 - TEXAS SINGLE FAMILY NEIGHBORHOOD STABILIZATION PROGRAM RULE › Section 29.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context or the Notice of Funding
				  Availability ("NOFA") indicates otherwise. Lack of capitalization of a term or
				  word in this chapter does not indicate that the term is undefined. Other
				  definitions may be found in Tex. Gov''t Code, Chapter 2306; Chapter 1 of this
				  title (relating to Administration); and Chapter 20 of this title (relating to
				  Single Family Programs Umbrella Rule).
(1) Developer--A nonprofit entity that
				receives Texas SFNSP assistance for the purpose of:
(A) Acquiring homes and residential
				properties to rehabilitate for residential purposes; and
(B) Constructing new housing in connection
				with the redevelopment of demolished or vacant properties.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 29 - TEXAS SINGLE FAMILY NEIGHBORHOOD STABILIZATION PROGRAM RULE › Section 29.3 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) All assisted
				properties must be located in eligible areas as defined by HUD and by the
				applicable NOFA.
(b) The Contract
				term is based upon varying types of activities included in the Contract between
				the Department and the Department's Subgrantee. Exhibit C, Project
				Implementation Schedule, of the Contract, provides an outline of specific
				timelines, milestones and thresholds. Performance under the Contract will be
				evaluated according to the benchmarks described in each Contract.
(c) Administrative Threshold. Administrative
				draw requests are funded from the administration or developer fee line item in
				Exhibit B, Budget, of the Contract. Reimbursement of eligible administrative
				expenses is regulated as described in paragraphs (1) - (3) of this subsection:
(1) Threshold 1. Cumulative administrative
				draw requests may allow up to 10 percent of the administration or developer fee
				line item to be drawn prior to the start of any project activity included in
				the performance statement of the Contract (provided that all pre-draw
				requirements, as described in the Contract, for administration have been met).
				This draw may be limited by NOFA, underwriting report, or by Contract.
				Subsequent administrative expenditures will be reimbursed in the percentage
				amounts indicated, provided that all Contract benchmark requirements have been
				met, as identified in Exhibit C, Project Implementation Schedule, described in
				subsection (b) of this section;
(2)
				Threshold 2. Subsequent administrative draw requests are allowed in proportion
				to the direct project funds drawn on the Contract, up to 90 percent of the
				total administration or developer fee line item. The cumulative total
				percentage of administrative funds requested may not exceed the cumulative
				total percentage of project funds expended for hard and/or soft costs directly
				attributable to activities under the Contract;
(3) Threshold 3. The final 10 percent of the
				administration or developer fee line item is the administrative retainage. The
				final 10 percent may be drawn after the final loan closing or upon Contract
				close-out.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 29 - TEXAS SINGLE FAMILY NEIGHBORHOOD STABILIZATION PROGRAM RULE › Section 29.4 - Reassignment of Funds

Current through Reg. 49, No. 28; July 12, 2024
Deobligated funds may either be reassigned utilizing the
				  amendment process described 10 TAC §
									RSA
				  20.14 of this title (relating to Single
				  Family Programs Umbrella Rule), or be subject to redistribution through a
				  methodology to be approved by the Board.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter A - CODES, STANDARDS, TERMS, FEES AND ADMINISTRATION › Section 80.1 - Texas Manufactured Housing Standards Code

Current through Reg. 49, No. 28; July 12, 2024
The standards and requirements for the installation and
					 construction of manufactured housing adopted by the board in accordance with
					 §1201.251(a)(1) of the Texas Manufactured Housing Standards Act (Standards
					 Act) are as follows:
(1) The
				  construction standards set out in Chapter VI of the Housing and Community
				  Development Act of 1974, as the same may be amended from time to time, or under
				  any official rule, official interpretation, or adopted standard issued or
				  adopted by the Department of Housing and Urban Development under such
				  law;
(2) The installation standards
				  set forth in this chapter; and
(3)
				  Applicable standards for installation components established by
(A) Chapter 43 of the latest edition of the
				  International Residential Code;
(B)
				  The stabilizing component destruction test failure criteria of the FMHCSS, as
				  implemented by 24 CFR, Part 3280 and the latest edition of the International
				  Residential Code, Appendix E; and
(C) The American Wood Preserver's Association
				  and referenced by the latest edition of the International Residential Code
				  Preservation for treated (PT) wood components.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter A - CODES, STANDARDS, TERMS, FEES AND ADMINISTRATION › Section 80.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Terms used herein that are defined in the Code and the
					 Standards Act have the meanings ascribed to them therein. The following words
					 and terms, when used in this chapter, shall have the following meanings, unless
					 the context clearly indicates otherwise:
(1) APA--Administrative Procedure Act, Texas
				  Government Code, Chapter 2001.
(2)
				  Business days--Includes every day on the calendar except Saturday, Sunday, and
				  federal and state holidays. If there is a time limitation of five (5) days or
				  less, within the Standards Act, it is business days unless specified
				  otherwise.
(3) Chattel
				  Mortgage--Any loan that is not subject to the Real Estate Settlement Procedures
				  Act (RESPA).
(4) Coastline--The
				  shoreline that forms the boundary between the land and the Gulf of Mexico or a
				  bay or estuary connecting to the Gulf of Mexico that is more than five miles
				  wide.
(5) Cosmetic--Matters of
				  flaws and finish, appearance, materials or workmanship not covered by 24 CFR
				  Part 3280.
(6) Credit document--Any
				  executed written agreements between the consumer and creditor that describe or
				  are required in connection with an actual credit transaction.
(7) Creditor--A person involved in a credit
				  transaction who:
(A) extends or arranges the
				  extension of credit; or
(B) is a
				  retailer or broker as defined in the Standards Act and participates in
				  arranging for the extension of credit.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter A - CODES, STANDARDS, TERMS, FEES AND ADMINISTRATION › Section 80.3 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) License Fees
				  and Renewal Fees:
(1) $850 for each
				  manufacturer's plant license;
(2)
				  $550 for each retailer's sales license;
(3) $350 for each broker's license;
(4) $350 for each installer's
				  license;
(5) $200 for each
				  salesperson's license; and
(6)
				  $25.00 for each reprint of a license.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter A - CODES, STANDARDS, TERMS, FEES AND ADMINISTRATION › Section 80.4 - Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
The Board shall designate the membership of an advisory
					 committee of not more than 24 members, that meets the requirements of
					 §1201.251(d) of the Standards Act, and the committee shall report as
					 specified §1201.251(e) of the Standards Act.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter B - INSTALLATION STANDARDS AND DEVICE APPROVALS › Section 80.20 - Requirements for Manufacturer's Designs and Installation Instructions

Current through Reg. 49, No. 28; July 12, 2024
(a) With each new home, the manufacturer
				  shall provide printed instructions which at a minimum must:
(1) specify the location, orientation and
				  required capacity of stabilizing components on which the design is
				  based;
(2) be filed with the
				  Department;
(3) be approved by the
				  manufacturer's DAPIA; and
(4)
				  contain DAPIA approval stamps, engineer or architect approval stamps, and the
				  installation manual effective date on each page of the installation
				  instructions or on the cover pages of bound installation manuals, unless an
				  equivalent method of authentication is used for electronically filed
				  documents.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter B - INSTALLATION STANDARDS AND DEVICE APPROVALS › Section 80.21 - Requirements for the Installation of Manufactured Homes

Current through Reg. 49, No. 28; July 12, 2024
(a) All new manufactured homes shall be
				  installed by a licensed installer and in accordance with the home
				  manufacturer's DAPIA-approved installation instructions.
(b) All used manufactured homes shall be
				  installed by a licensed installer to resist overturning and lateral movement of
				  the home, and the installation must be completed in accordance with
				  instructions appropriate for the Wind Zone where the home is to be installed as
				  per one of the following:
(1) the home
				  manufacturer's DAPIA-approved installation instructions;
(2) the state's generic standards set forth
				  in §§
											RSA
				  80.22,
				  RSA
				  80.23,
				  RSA
				  80.24, and
				  RSA
				  80.25 of this subchapter (relating to
				  Installation Standards and Device Approvals);
(3) the instructions for a stabilization
				  system registered with the Department in accordance with §
											RSA
				  80.26 of this subchapter (relating to
				  Registration of Stabilizing Components and Systems); or
(4) the instructions for a special
				  stabilization system which:
(A) may or may not
				  be a permanent foundation;
(B) is
				  for a particular manufactured home or an identified class of manufactured homes
				  to be installed at a particular area with similar soil properties according to
				  county soil survey or other geotechnical reports; and
(C) is either:
(i) a pre-existing foundation for which a
				  professional engineer or architect licensed in Texas has issued written
				  approval for the installation of a particular home, and the written approval
				  shall be submitted to the Department with the installation report; or
(ii) installed in accordance with a custom
				  designed stabilization system drawing that is stamped by a Texas licensed
				  professional engineer or architect. A copy of the stabilization system drawing
				  must be forwarded to the Department along with the installation
				  report.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter B - INSTALLATION STANDARDS AND DEVICE APPROVALS › Section 80.22 - Generic Standards for Moisture and Ground Vapor Controls

Current through Reg. 49, No. 28; July 12, 2024
(a) If the used manufactured home is
				  installed according to the state's generic standards and the space under the
				  home is to be enclosed with skirting and/or other materials provided by the
				  retailer and/or installer, the enclosure must meet the following requirements:
(1) At least one access opening that does not
				  require the use of tools to gain access shall not be less than 18 inches in any
				  dimension and not less than three square feet in area shall be provided by the
				  installer. The access opening shall be located so as to enable, to the extent
				  reasonably possible, the visual inspection of water supply and sewer drain
				  connections.
(2) If a clothes dryer
				  exhaust duct, air conditioning condensation drain, or combustion air inlet is
				  present, the installer must pass it through the skirting to the outside. All
				  air conditioning condensation lines must be installed in such manner that
				  prevents ponding within 5 feet of the foundation.
(3) Crawl space ventilation must be provided
				  at the rate of minimum 1 square foot of net free area, for every 150 square
				  feet of floor area.
(4) At least
				  six openings shall be provided, one at each end of the home and two on each
				  side of the home. There must be a ventilation within 3 feet of each corner. The
				  openings shall be screened or otherwise covered to prevent entrance of rodents
				  (note: screening will reduce net free area). For example, a 16'x76' single
				  section home has 1216 square feet of floor area. This 1216 square feet divided
				  by 150 equals 8.1 square feet or 1166 square inches of net free area crawl
				  space ventilation.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter B - INSTALLATION STANDARDS AND DEVICE APPROVALS › Section 80.23 - Generic Standards for Footers and Piers

Current through Reg. 49, No. 28; July 12, 2024
(a) Proper sizing of footings depends on the
				  load carrying capacity of both the piers and the soil. To determine the load
				  bearing capacity of the soil, the installer may use any of the following
				  methods:
(1) Using a pocket
				  penetrometer;
(2) Soil surveys from
				  the U.S. Department of Agriculture;
(3) Values from tables of allowable or
				  presumptive bearing capacities given in local building codes. Such tables are
				  commonly available from the local authority having jurisdiction; or
(4) Any other test data from soil analysis
				  reports.
Attached
					 Graphic
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter B - INSTALLATION STANDARDS AND DEVICE APPROVALS › Section 80.24 - Generic Standards for Anchoring Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) General Requirements: For units built on
				  or after September 1, 1997, the installer must verify that the unit is designed
				  for the Wind Zone in which it is to be installed and must follow all applicable
				  installation instructions for that Wind Zone as set forth herein. Note: A Wind
				  Zone I unit, built on or after September 1, 1997, may not be installed in a
				  Wind Zone II area. However, a Wind Zone II unit may be installed in a Wind Zone
				  I area. The counties are defined in the FMHCSS.
(b) Material Specifications:
(1) Strapping shall be Type 1, Finish B,
				  Grade 1 steel strapping, 1.25 inches wide and 0.035 inches in thickness,
				  certified by a licensed professional engineer or architect as conforming with
				  the American Society for Testing and Materials (ASTM) Standard Specification
				  D3953 91, Standard Specification for Strapping, Flat Steel, and Seals.
				  Strapping shall be marked at least every five feet with the marking described
				  by the certifying engineer or architect.
(2) Tie materials shall be capable of
				  resisting an allowable working load of 3,150 pounds with no more than 2%
				  elongation and shall withstand a 50% overload (4,725 pounds total). Ties shall
				  have a resistance to weather deterioration at least equivalent to that provided
				  by coating of zinc on steel of not less than 0.30 ounces per square foot on
				  each side of the surface coated (0.0005 inches thick), as determined by ASTM
				  Standards Methods of Test for Weight of Coating on Zinc-coated (galvanized)
				  Iron or Steel Articles (ASTM A 90-81). Slit or cut edges of zinc-coated steel
				  strapping are not required to be zinc coated. Ties shall be designed and
				  installed to prevent self disconnection when the ties are slack.
(3) Anchor spacing ONLY applies to units with
				  roof pitch of 20 degrees or less. For anything over 20 degrees, it must be
				  designed by a professional engineer or architect.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter B - INSTALLATION STANDARDS AND DEVICE APPROVALS › Section 80.25 - Generic Standards for Multi-Section Connections Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Air infiltration and water vapor
				  migration at mating surfaces: Before positioning additional sections, the
				  mating line surfaces along the floor, endwall and ceiling, require material or
				  procedures to limit air infiltration and water vapor migration.
(1) Expanding Foam: Foam may be used along
				  surfaces that are accessible after the units have been joined. Where mating
				  line walls line up between sections, non-porous materials must be installed
				  prior to joining the units.
(2)
				  Caulking: Caulking may be used along surfaces that are accessible after the
				  units have been joined. Where mating line walls line up between sections,
				  non-porous materials must be installed prior to joining the units.
(3) Non-porous gasket installed along the
				  perimeter of all mating lines.
(4)
				  Insulation, carpet, carpet pad or other porous materials are not acceptable.
Attached
					 Graphic
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter B - INSTALLATION STANDARDS AND DEVICE APPROVALS › Section 80.26 - Registration of Stabilizing Components and Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) Installers shall use only prefabricated
				  or site built stabilizing components and systems which are:
(1) registered with the Department,
(2) specified by the home manufacturer's
				  DAPIA approved installation instructions, or
(3) specified for one or more homes in a
				  particular area by a Texas licensed engineer or architect.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter C - LICENSEES' RESPONSIBILITIES AND REQUIREMENTS › Section 80.30 - All Licensees' Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee,
				  other than a salesperson, must maintain all required records at a location that
				  meets the requirements of §1201.103(a-1) of the Standards Act. All records
				  required by this chapter must be maintained in the licensee's files for a
				  period of not less than six (6) years. Unless stated otherwise, a record of any
				  disclosure to be given shall reflect that it was properly completed, executed,
				  and dated. Files may be maintained in an electronic format, as long as they can
				  be produced upon request by the Department for review.
(b) A licensee must keep the Department
				  advised in writing on a current basis of any changes in their licensing
				  information and, where required by the Standards Act, give prior written
				  notice.
(c) If a licensee fails to
				  provide any warranty listed in this subsection of the rules, the time
				  limitations associated with the consumer's written notification do not start
				  until the consumer is provided with such required warranty.
(d) A license holder is prohibited from
				  publishing or distributing any form of advertising which is false, deceptive,
				  or misleading.
(e) Any
				  advertisement must comply with applicable federal and state legal requirements,
				  including, but not limited to, the federal Truth in Lending Act and Federal
				  Reserve Regulation Z.
(f) Any
				  advertisement (including social media) by a retailer, broker, or installer
				  (other than a sign/display advertisement at a licensed location, point of sale
				  literature, or a price tag) must conspicuously disclose the license number of
				  the person who is advertising.
(g)
				  Any advertisement (including social media) by a salesperson must conspicuously
				  disclose the name and license number of their sponsoring retailer identified on
				  their valid salespersons license.
(h) Where no consumer protection purposes
				  would be served by requiring the license number to be disclosed, the Board may
				  grant exceptions to subsections (f) and (g) of this section based on the
				  Board's approved format. Exceptions will be posted on the Department's
				  website.
(i) Any licensee's website
				  shall provide a conspicuously placed link to the Department's
				  website.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter C - LICENSEES' RESPONSIBILITIES AND REQUIREMENTS › Section 80.31 - Manufacturers' Responsibilities and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A manufacturer shall submit a monthly
				  shipment report to the Department of all manufactured homes produced during the
				  preceding month for shipment to any point in Texas. The report shall contain
				  the following information:
(1) the complete
				  HUD label number(s);
(2) the
				  complete serial number(s);
(3) the
				  license number of the retailer to whom the home is sold and the location to
				  which it is initially shipped; and
(4) a designation as to single or multiple
				  sections.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter C - LICENSEES' RESPONSIBILITIES AND REQUIREMENTS › Section 80.34 - Brokers' Responsibilities and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) For each transaction where a broker is
				  engaged to provide services, a broker shall retain the disclosure statement set
				  forth on the Department's website.
(b) For each home sold by a consumer in a
				  brokered sale, the broker shall retain a file for that sale with copies of all
				  required warranties and disclosures, other than a habitability, that would have
				  been given if the sale was through a retailer.