reglab/statecodes huggingface dataset:
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 7.3 - HHSP and EH Construction Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Subrecipient of Homeless Program funds that constructs or rehabilitates a
				  building or Dwelling Unit, or converts a building(s) for use as a shelter may
				  be required to enter into a LURA. No new construction, renovation (other than
				  repairs), rehabilitation, or conversion of a shelter, or construction or
				  rehabilitation of a Dwelling Unit may be performed using ESG funds.
(b) Tex. Gov't Code §
										2306.185 requires
				  certain multifamily rental developments to have, among other provisions, a
				  30-year LURA.
(c) A Subrecipient
				  that intends to expend funds for new construction, rehabilitation, or
				  conversion must submit a copy of the activity budget inclusive of all sources
				  and uses of funding, documents for a construction plan review, and
				  identification of the entity and signature authorization of the individual
				  (name and title) that will execute the LURA. These documents must be submitted
				  no less than 90 calendar days prior to the end of the Contract Term under which
				  funds for the activity are provided. The Department may elect to reconsider
				  award amounts if financial resources other than those presented in the
				  Application are subsequently committed to an activity.
(d) A Subrecipient must request a final
				  construction inspection within 30 calendar days of construction completion. The
				  inspection will cover the Shelter and Housing Standards, National Standards for
				  the Physical Inspection of Real Estate, 2012 International Residential Code (or
				  municipality adopted later version), Minimum Energy Efficiency Requirements for
				  Single Family Construction Activities, and the Accessibility Standards in
				  Chapter 1, Subchapter B, as applicable for the Homeless Program and
				  activity.
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 7.4 - Subrecipient Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to prior Board approval, the
				  Department and a Subrecipient shall enter into and execute a Contract for the
				  disbursement of program funds. The Department, acting by and through its
				  Executive Director or his/her designee, may authorize, execute, and deliver
				  authorized modifications and/or amendments to the Contract, as allowed by state
				  and federal laws and rules.
(b)
				  Subrecipients of state funds may Subcontract for the delivery of Program
				  Participant assistance without obtaining Department's prior approval, but must
				  obtain the Department's written permission before entering into a Subgrant.
				  Department ESG funds and ESG Match may not be Subgranted.
(c) The Subrecipient is responsible for
				  ensuring that the performance rendered under all Subcontracts, Subgrants, and
				  other agreements are rendered so as to comply with Homeless Program
				  requirements, as if such performance rendered were rendered by the
				  Subrecipient. Department maintains the right to monitor and require the
				  Subrecipient's full compliance with the terms of the Subrecipient
				  Contract.
(d) A performance
				  statement and budget are attachments to the Contract between the Subrecipient
				  and the Department. Execution of the Contract enables the Subrecipient to
				  access funds through the Department's Contract System.
(e) Amendments and Extensions to Contracts.
(1) Except for amendments that only move
				  funds within budget categories, program staff will recommend denial of
				  amendment requests if any of the following conditions exist:
(A) if the award for the Contract was
				  competitively awarded and the amendment would materially change the scope of
				  the Contract performance or affected the score;
(B) if the Subrecipient is delinquent in the
				  submission of their Single Audit or their Single Audit Certification form
				  required by §
												1.403 of this title (relating to
				  Single Audit Requirements);
(C) for
				  an amendment adding funds to the Contract, if the Subrecipient owes the
				  Department disallowed amounts in excess of $1,000 and a Department-approved
				  repayment plan is not in place or has been violated;
(D) for an amendment adding funds (not
				  applicable to amendments for extending time), if the Department has cited the
				  Subrecipient for violations within §
												7.11 of this subchapter (related
				  to Compliance Monitoring) and the corrective action period has expired without
				  correction of the issue or a satisfactory plan for correction of the
				  issue;
(E) the Contract has
				  expired; or
(F) a member of the
				  Subrecipient's board has been debarred and has not been removed.
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 7.5 - Subrecipient Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Subrecipient will be reimbursed for the
				  amount of actual cash disbursements as reflected in the approved Monthly
				  Expenditure Reports.
(b)
				  Subrecipient must submit a Monthly Performance Report and a Monthly Expenditure
				  Report through the Contract System not later than the last day of each month
				  which reflects performance and expenditures conducted in the prior
				  month.
(c) For performance reports,
				  Program Participants that are assisted continuously as a Contract ends and a
				  new Contract begins in the same program will count as new Program Participants
				  for the new Contract. However, the start of a new Contract does not require new
				  eligibility determination or documentation for Program Participants, except as
				  required for Recertification.
(d)
				  Subrecipient shall reconcile their Expenditures with their performance at least
				  monthly before seeking a request for funds for the following month. If the
				  Subrecipient is unable to reconcile on a month-to-month basis, the Subrecipient
				  must provide at the request of the Department, a written explanation for the
				  variance and take appropriate measures to reconcile the subsequent month. It is
				  the responsibility of a Subrecipient to ensure that it has documented the
				  compliant use of all funds provided prior to receipt of additional funds, or if
				  this cannot be done to address the repayment of such funds.
(e) Failure of a Subrecipient to provide
				  reports as required under Department rules or the Contract may be sufficient
				  reason for the Department to deobligate funds for which a Monthly Expenditure
				  Report has not been submitted.
(f)
				  If the Subrecipient fails to submit within 45 calendar days of its due date,
				  any report or response required by this section and responses to monitoring
				  reports, Department may, in its sole discretion, suspend payments, place the
				  Subrecipient on Cost Reimbursement method of payment, and initiate proceedings
				  to terminate any active Contract.
(g) Subrecipient must report on all measures
				  in the Monthly Performance Report for demographics and Program Participant
				  Services for which they are awarded.
(h) Subrecipient must submit information
				  requested by the Department for annual or biannual reporting. The annual
				  reporting may extend over multiple Contracts.
(1) ESG Subrecipients will submit information
				  yearly as required for the Consolidated Annual Performance and Evaluation
				  Report, including, but not limited to:
(A)
				  HMIS exports as required per HUD; and
(B) Section 3 provision of the HUD Act of
				  1968, as required per HUD.
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 7.6 - Subrecipient Data Collection

Current through Reg. 49, No. 28; July 12, 2024
(a) Subrecipient
				  must ensure that data on all persons served and all activities assisted under
				  Homeless Programs is entered into the applicable HMIS or HMIS-comparable
				  database for domestic violence or legal service providers in order to integrate
				  data from all homeless assistance and homelessness prevention projects in a
				  CoC.
(b) The Performance Targets
				  shall be indicated in the Contract.
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 7.7 - Subrecipient Contact Information

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with §
										1.22 of this title (relating to
				  Providing Contact Information to the Department), Subrecipient will notify the
				  Department and provide contact information for staff that approve the Contract
				  and submit/approve reports in the Contract System. A primary and secondary
				  contact are required to be provided to the Department for submission and
				  approval of reports. The notification will be sent to the Department by
				  updating its Contract System access request information.
(b) If the organization is a nonprofit
				  organization, contact information for the chair and vice-chair of the
				  organization's governing board must be provided to the Department and shall
				  include the:
(1) Board Member's
				  name;
(2) Beginning and end dates
				  of the member's term;
(3) Member's
				  mailing address (which must be different from the organization's mailing
				  address);
(4) Member's phone number
				  (different from the organization's phone number); and
(5) Member's direct email address.
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 7.8 - Records Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) Records must be
				  kept in accordance with §
										1.409 of this Title (relating to
				  Records Retention).
(b) Record
				  retention for construction/rehabilitation/conversion of emergency shelters or
				  Dwelling Units must be retained until the expiration of the LURA.
(c) For ESG, retention for records relevant
				  to the ESG Contract (including but not limited to shelter and habitability
				  inspections) shall be kept in accordance with
				  24 CFR §
											576.500 and TXGMS, as defined at §
										1.401 of this title (relating to
				  Definitions), as applicable except if any litigation, claim, negotiation,
				  audit, monitoring, inspection or other action has started before the expiration
				  of the required record retention period, records must be retained until
				  completion of the action and resolution of all issues which arise from it, or
				  until the end of the required period, whichever is later. The record retention
				  period does not begin until one year after the expiration of the
				  Contract.
(d) For state funds,
				  retention for records relevant to the Contract (including but not limited to
				  shelter and habitability inspections) shall be kept in accordance with UGMS or
				  TXGMS, as applicable, and retained by the Subrecipient for a period of three
				  years from the expiration of the Contract except if any litigation, claim,
				  negotiation, audit, monitoring, inspection or other action has started before
				  the expiration of the required record retention period, records must be
				  retained until completion of the action and resolution of all issues which
				  arise from it, or until the end of the required period, whichever is
				  later.
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 7.10 - Inclusive Marketing

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this section is to highlight certain policies and/or procedures that are
				  required to have written documentation. Other items that are required for
				  written standards are included in the federal or state rules.
(b) Participant selection criteria:
(1) Selection criteria will be applied in a
				  manner consistent with all applicable laws, including the Texas and Federal
				  Fair Housing Acts, program guidelines, and the Department's rules.
(2) If the local CoC has adopted priority for
				  certain Homeless subpopulations or a specific funding source has a statutory or
				  regulatory preference, then those subpopulations may be given priority by the
				  Subrecipient. Such priority must be listed in the participant selection
				  criteria.
(3) Notifications on
				  denial, non-renewal, or termination of Assistance must:
(A) State that a Person with a Disability may
				  request a reasonable accommodation in relation to such notice.
(B) Include any appeal rights the participant
				  may have in regards to such notice.
(C) Inform Program Participants in any
				  denial, non-renewal or termination notice, information on rights they may have
				  under VAWA (for ESG only, in accordance with the Violence Against Women
				  Reauthorization Act of 2022 (VAWA) protections). Subrecipient may not deny
				  admission on the basis that the applicant has been a victim of domestic
				  violence, dating violence, sexual assault, or stalking.
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 7.11 - Compliance Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and Overview
(1) This section provides the procedures that
				  will be followed for monitoring for compliance with the programs in this
				  chapter.
(2) Any entity
				  administering any or all of the programs detailed in this chapter is a
				  Subrecipient. A Subrecipient may also administer other programs, including
				  programs administered by other state or federal agencies and privately funded
				  programs. If the Subrecipient has Contracts for other programs through the
				  Department, including but not limited to the HOME Partnerships Program, the
				  Neighborhood Stabilization Program, or the Texas Housing Trust Fund, the
				  Department may, but is not required to and does not commit to, coordinate
				  monitoring of those programs with monitoring of those programs under this
				  Chapter.
(3) Any entity
				  administering any or all of the programs provided for in subsection (a)(2) of
				  this section as part of a Memorandum of Understanding (MOU), contract, or other
				  legal agreement with a Subrecipient is a Subgrantee.
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 7.12 - Waivers

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department's Governing Board (the
				  "Board") may waive rules in this chapter for good cause to meet the purpose of
				  the Homeless Programs described further in §
										7.1 of this title (relating to
				  Purpose and Goals). However, any waiver cannot conflict with the federal
				  statutes or regulations, the Department's Action Plan, or state statutes
				  governing any of the Homeless Programs.
(b) A provision of a closed NOFA may not be
				  waived except in the case of a disaster as described in §
										1.5 of this title (related to
				  Waiver Applicability in the Case of Federally Declared Disasters) or a change
				  in federal law that makes adherence to the requirements of the NOFA impossible
				  or impracticable as determined by the Board.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter B - HOMELESS HOUSING AND SERVICES PROGRAM (HHSP) › Section 7.21 - Purpose and Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with Tex. Gov't Code §
										2306.2585, HHSP
				  provides funding to municipalities with populations of 285,500 or greater
				  (which the Department will determine with the most recent available 1 Year
				  American Community Survey (ACS) data) to develop programs to prevent and
				  eliminate Homelessness.
(b) HHSP
				  eligible activities are:
(1) administrative
				  costs associated with HHSP, including Program Participant tracking using HMIS
				  or a HMIS-comparable database;
(2)
				  case management for households experiencing or At-risk of Homelessness to
				  assess, arrange, coordinate and monitor the delivery of services;
(3) construction/rehabilitation/conversion of
				  buildings or Dwelling Unit (including administrative facilities) to serve
				  persons experiencing Homelessness or At-risk of Homelessness;
(4) essential services for Homeless
				  Households or Households At-risk of Homelessness to find or maintain housing
				  stability;
(5) homelessness
				  prevention to provide financial assistance to Homeless Households or Households
				  At-risk of Homelessness;
(6)
				  homelessness assistance to provide financial assistance provided to Homeless
				  Households or Households At-risk of Homelessness;
(7) operation of emergency shelters or
				  administrative facilities to serve Homeless Households or Households At-risk of
				  Homelessness;
(8) transitional
				  living activities for Youth Headed Households designed to provide safe
				  short-term housing (typically less than 24 months) in conjunction with
				  appropriate supportive services designed to foster self-sufficiency;
				  and
(9) other local programs to
				  assist Homeless Households or Households At-risk of Homelessness, if approved
				  by the Department in writing in advance of the Expenditure.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter B - HOMELESS HOUSING AND SERVICES PROGRAM (HHSP) › Section 7.22 - HHSP Subrecipient Application and Selection

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any written information provided to the Department in order to execute a
				  Contract is part of the Application, including but not limited to the
				  information in this subsection.
(b)
				  The municipality may apply to administer the funding directly or designate a
				  Private Nonprofit Organization or other governmental entity to apply to
				  administer the funds in the municipality in accordance with Tex. Gov't Code
				  §
										2306.2585(a).
(1) Designation of administering entity. The
				  municipality that is designating an entity to administer the funds within their
				  jurisdiction shall provide notification to the Department within 60 calendar
				  days of notification of the allocated amount. The notification must be in the
				  form of a resolution or other city council action from the municipality's
				  governing body, and should indicate that the municipality is designating
				  another entity to administer the funds on behalf of the municipality.
(2) The municipality may designate the other
				  entity for one or two years, as desired by the municipality. If designated for
				  two years, the requirement that the resolution or council action be submitted
				  within 60 calendar days of notification of allocated amount will be considered
				  met for the second year since the council action was approved.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter B - HOMELESS HOUSING AND SERVICES PROGRAM (HHSP) › Section 7.23 - Allocation of Funds and Formula

Current through Reg. 49, No. 28; July 12, 2024
(a) Contract Award
				  Funding Limits. The funding will be established by Allocation Formula as
				  described in this section.
(b) HHSP
				  funds will be awarded upon appropriation from the legislature, and will be made
				  available to any of those municipalities subject to the requirements of this
				  rule and be distributed in accordance with the formula set forth in subsection
				  (c) of this section relating to Formula.
(c) General Population Formula. Funds made
				  available under HHSP for the general population shall be distributed in
				  accordance with an Allocation Formula that is calculated each year that takes
				  into account the proportion of the following factors:
(1) population of the municipality, as
				  determined by the most recent available 1 Year American Community Survey (ACS)
				  data;
(2) poverty, defined as
				  persons in the municipality's population with incomes at or below the poverty
				  threshold, as determined by the most recent available 1 Year ACS
				  data;
(3) population of Homeless
				  persons, as determined by the most recent publicly available Point-In-Time
				  Counts submitted to HUD by the CoCs in Texas or by the Texas Homeless
				  Network;
(4) population of Homeless
				  veterans, as determined by the most recent publicly available Point-In-Time
				  Counts submitted to HUD by the CoCs in Texas or by the Texas Homeless
				  Network;
(5) population of Homeless
				  Unaccompanied Youth, Parenting Youth, and Children of Parenting Youth, as
				  determined by the most recent publicly available Point-In-Time Counts submitted
				  to HUD by the CoCs in Texas or by the Texas Homeless Network;
(6) population of persons with disabilities,
				  defined as that percentage of the municipality's population composed of persons
				  with disabilities, as determined by the most recent available 1 Year ACS data;
				  and
(7) incidents of family
				  violence, as determined by reports from local police departments.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter B - HOMELESS HOUSING AND SERVICES PROGRAM (HHSP) › Section 7.24 - General HHSP 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 HHSP requirements are
				  met.
(b) Subrecipient must have
				  written standards for providing HHSP assistance to Program Participants. The
				  written standards must be applied consistently for all Program Participants.
				  The written standards must include, but not be limited to, Inclusive Marketing
				  outlined in §
										7.10 of this chapter (relating to
				  Inclusive Marketing).
(c) Rent
				  restriction. Rental assistance cannot be provided unless the gross rent
				  complies with the standard of rent reasonableness established in the
				  Subrecipient's written policies and procedures. Gross rent includes the
				  contract rent and an estimate of utilities established by the Public Housing
				  Authority for the area in which the Dwelling Unit is located.
(d) The occupancy standard set by the
				  Subrecipient must not conflict with local regulations or Texas Property Code
				  §
										92.010.
(e) Subrecipient must document compliance
				  with the Shelter and Housing Standards in this Chapter, relating to
				  Homelessness Programs, including but not limited to construction and shelter
				  inspection reports, and the Accessibility Standards in Chapter 1, Subchapter B
				  of this title.
(f) If the
				  Subrecipient is providing funds for single family ownership, the requirements
				  of Chapters 20, relating to Single Family Programs Umbrella Rule, and 21
				  Minimum Energy Efficiency Requirements for Single Family Construction
				  Activities of this Part, will apply.
(g) If the Subrecipient is providing funds to
				  an entity for rental ownership, operations, or providing project-based
				  vouchers/rental assistance, the rental development must comply with the greater
				  of regulatory regulations governing the development or program to which HHSP
				  funds are comingled, or, if none, must comply with local health and safety
				  codes.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter B - HOMELESS HOUSING AND SERVICES PROGRAM (HHSP) › Section 7.25 - Program Income

Current through Reg. 49, No. 28; July 12, 2024
(a) Program income
				  includes but is not limited to: income from fees for services performed, the
				  use or rental of real or personal property acquired under this award, the sale
				  of commodities or items fabricated under this award, and from payments of
				  principal and interest on loans made with this award, where authorized. Program
				  income does not include interest on federal grant funds, rebates, credits,
				  discounts, refunds, etc. and interest earned on any of them. Interest earned in
				  excess of $250 on grants or loans from purely state sources is considered
				  program income.
(b) Security and
				  utility deposits must be reimbursed to the Program Participant and are not
				  considered program income. The deposit must remain with the Program Participant
				  and be returned only to the Program Participant.
(c) In accounting for program income, the
				  Subrecipient must accurately reflect the receipt of such funds separate from
				  the receipt of program funds and Subrecipient funds.
(d) Program income that is received during
				  the Contract Term may be expended for HHSP eligible costs during the Contract
				  Term, and reported in the Monthly Expenditure Report.
(e) Program income that is received after the
				  end of the Contract Term, or not expended within the Contract Term, must be
				  returned to the Department within 10 calendar days of receipt.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter B - HOMELESS HOUSING AND SERVICES PROGRAM (HHSP) › Section 7.27 - Eligible Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) Administrative
				  costs include employee compensation and related costs for staff performance of
				  management, reporting, and accounting of HHSP activities, including office
				  space. Costs associated with the purchase or licensing of HMIS or an
				  HMIS-comparable databases are eligible administrative costs.
(b) Case management costs include staff
				  salaries related to assessing, arranging, coordinating and monitoring the
				  delivery of services related to finding or maintaining housing. Costs include,
				  but are not limited to, Household eligibility determination, counseling,
				  coordinating services and obtaining mainstream benefits for Program
				  Participants, monitoring Program Participant progress, providing safety
				  planning for persons under VAWA, developing a housing and service plan, and
				  entry into HMIS or an HMIS-comparable database.
(c) Construction rehabilitation, and
				  conversion costs include, but are not limited to, costs for:
(1) Pre-Development, such as environmental
				  review, site-control, survey, appraisal, architectural fees, and legal
				  fees.
(2) Development, such as:
(A) land acquisition;
(B) site work (including infrastructure for
				  service utilities, walkways, curbs, gutters);
(C) lot clearance and site
				  preparation;
(D) construction to
				  meet uniform building codes, international energy conservation code, or local
				  rehabilitation standards;
(E)
				  accessibility features to site and building;
(F) essential improvements and energy-related
				  improvements;
(G) abatement of
				  lead-based paint hazards;
(H)
				  barrier removal/construction for accessibility features for persons with
				  disabilities; and
(I) non-luxury
				  general property improvements.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter B - HOMELESS HOUSING AND SERVICES PROGRAM (HHSP) › Section 7.28 - Program Participant Eligibility and Program Participant Files

Current through Reg. 49, No. 28; July 12, 2024
(a) A Program Participant must satisfy the
				  eligibility requirements by meeting the appropriate definition of Homeless or
				  At-risk of Homelessness in this Chapter, relating to Homelessness Programs,
				  including but not limited to applicable income requirements.
(b) A Program Participant who is Homeless
				  qualifies for emergency shelter, Transitional Living Activities, case
				  management, essential services, and homeless assistance.
(c) A Program Participant who is At-risk of
				  Homelessness qualifies for case management, essential services, and homeless
				  prevention.
(d) The Subrecipient
				  shall establish income limits that do not exceed the moderate income level
				  pursuant to Tex. Gov't Code §
										2306.152 in its
				  written policies and procedures, and may adopt the income limit calculation
				  method and procedures in HUD Handbook 4350 to satisfy this
				  requirement.
(e) Recertification.
				  Recertification is required for Program Participants receiving homelessness
				  prevention and homelessness assistance within 12 months of the assistance start
				  date. Subrecipient's written policies may require more frequent
				  recertification. At a minimum, recertification includes that Program
				  Participants receiving homelessness prevention or homelessness assistance:
(1) meet the income eligibility requirements
				  as established by the Subrecipient, if such limits are implemented in the
				  Subrecipient's policies and procedures and required to be reviewed at
				  Recertification; and
(2) lack
				  sufficient resources and support networks necessary to retain housing without
				  assistance.
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 7.31 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this rule is to provide
				  guidance and procedures for the Emergency Solutions Grants (ESG) and the
				  Emergency Solutions Grant CARES (ESG CARES) programs as authorized by Tex.
				  Gov't Code §
										RSA
				  2306.053. ESG and ESG CARES funds are federal
				  funds awarded to the State of Texas by HUD and administered by the
				  Department.
(b) The regulations
				  relating to ESG and ESG CARES, located in this subchapter, govern the
				  administration of funds and establish policies and procedures for use of ESG
				  funds to meet the purposes contained in Title IV of the Stewart B. McKinney
				  Homeless Assistance Act (42 U.S.C. §§
											11371 -
				  RSA 11378)
				  (the Act), as amended by the Homeless Emergency Assistance and Rapid Transition
				  to Housing Act (HEARTH Act).
(c) In
				  addition to this subchapter, a Subrecipient shall comply with the regulations
				  applicable to the ESG and ESG CARES programs as set forth in Chapters 1 and 2
				  of this title (relating to Administration and Enforcement, respectively),
				  Subchapter A of Chapter 7 of this title (relating to General Policies and
				  Procedures) and as set forth in 24 CFR Parts 5, 91, and 576 (the Federal
				  Regulations). A Subrecipient must also follow all other applicable federal and
				  state statutes and the regulations established in this chapter, relating to
				  Homelessness Programs, as amended or supplemented.
(d) In the event that Congress, the Texas
				  Legislature, or HUD add or change any statutory or regulatory requirements,
				  special conditions, or waivers concerning the use or administration of these
				  funds, a Subrecipient shall comply with such requirements at the time they
				  become effective.
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 7.32 - Use of ESG Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) ESG
				  Applications for provision of Program Participant services under emergency
				  shelter, street outreach, homeless prevention and/or rapid re-housing may
				  include a request for funds for Homeless Management Information Systems (HMIS)
				  activities. Applications proposing to provide only HMIS activities are not
				  eligible for an award of funds.
(b)
				  Subrecipient may not Subgrant funds, but may Subcontract for the provision of
				  services. Such Subcontracts are subject to applicable procurement
				  requirements.
(c) The Department's
				  Governing Board of Directors, Executive Director, or his/her designee may limit
				  activities in a NOFA, or by Contract.
(d) Program Participant services may be
				  provided under street outreach, emergency shelter, homeless prevention or rapid
				  re-housing, as described in this subsection or otherwise permitted in Federal
				  Regulations.
(e) The street
				  outreach component may be provided to unsheltered Homeless persons as defined
				  in
				  24 CFR §
											576.101(a).
				  Eligible costs for Program Participants of street outreach include the
				  following services:
(1) Engagement costs to
				  locate, identify, and build relationships with unsheltered Homeless persons,
				  including assessment of needs, crisis counseling, addressing urgent physical
				  needs, provision of information and referrals;
(2) Case management costs to assess housing
				  and service needs and coordinate delivery of services;
(3) Emergency health services to the extent
				  that other health services are inaccessible or unavailable in the
				  area;
(4) Emergency mental health
				  services to the extent that other mental health services are inaccessible or
				  unavailable in the area; and
(5)
				  Transportation for outreach workers and Program Participants, not including the
				  purchase or lease of vehicles.
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 7.33 - Apportionment of ESG Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				  will retain funds for Administrative activities. Funds for Administrative or
				  Program Participant services may be retained by TDHCA to Subgrant specific ESG
				  activities, such as legal services or as operating costs for non-congregate
				  emergency shelters funded by the Department's allocation of funds from the HOME
				  American Rescue Plan Act.
(b) If
				  the Department receives ESG funding from HUD that has additional activity or
				  geographic restrictions, the Department may elect not to use the Allocation
				  Formula. Funds retained under subsection (a) of this section are not subject to
				  the Allocation Formula.
(c) ESG
				  funds not retained for the purposes outlined in subsections (a) and (b) of this
				  section will be made available by CoC region based on an Allocation Formula.
				  Allocation Formula factors noted in paragraphs (1) - (4) of this subsection
				  will be used to calculate distribution percentages for each CoC region as
				  follows:
(1) Fifty percent weight will be
				  apportioned to renter cost burden for Households with incomes less than 30%
				  Area Median Family Income (AMFI), as calculated in the U.S. Department of
				  Housing and Urban Development's (HUD) Comprehensive Housing Affordability
				  Strategy;
(2) Fifty percent weight
				  will be apportioned for the number of persons in poverty from the most recent
				  five-year estimate of the American Community Survey released by the U.S. Census
				  Bureau;
(3) Fifty percent weight
				  will be apportioned to point-in-time counts, which are annual counts of
				  sheltered and unsheltered persons experiencing homelessness on one day during
				  the last two weeks of January as required by HUD for CoCs. If a CoC did not
				  conduct a point-in-time count or only completed a partial point-in-time count,
				  the results of the most recent point-in-time count conducted that covered both
				  the sheltered and unsheltered persons experiencing homelessness will be
				  utilized for the purposes of the Allocation Formula; and
(4) Negative 50% weight will be apportioned
				  based on a total of all ESG funding allocated by HUD to local jurisdictions
				  within the CoC region, and ESG funding awarded by the Department within the
				  region from the previous fiscal year.
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 7.35 - Eligible Applicants

Current through Reg. 49, No. 28; July 12, 2024
(a) An eligible
				  Subrecipient is a Unit of Local Government as defined by HUD in CPD Notice
				  17-10, or a Private Nonprofit Organization.
(b) The Department reserves the option to
				  limit eligible Subrecipient entities in a given NOFA.
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 7.39 - Uniform Selection Criteria

Current through Reg. 49, No. 28; July 12, 2024
An Application for funding allocated in accordance with
					 §
										7.33(b) of this
					 subchapter (relating to Apportionment of ESG Funds) and made to the Department
					 may be awarded points under the following uniform selection criteria. The total
					 of the score under this part will be the uniform Application score. The uniform
					 Application score will be comprised of points awarded under each of the
					 following criteria:
(1) Homeless
				  participation. An Application may receive a maximum of three points for the
				  participation of persons who are Homeless in the Applicant's program design.
				  Points may be earned under subparagraphs (A) and (B) of this paragraph for a
				  total of up to three points.
(A) An
				  Application may receive a maximum of two points when at least one person who is
				  Homeless or formerly Homeless is a member of or consults with the Applicant's
				  policy-making entity for facilities, services, or assistance under ESG;
				  and
(B) An Application may receive
				  a maximum of one point when at least one person who is Homeless or formerly
				  Homeless is employed in a paid position with duties that include constructing,
				  renovating, maintaining, or operating the Applicant's ESG facilities, or
				  providing services for occupants of its ESG facilities.
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 7.41 - Contract Term, Expenditure Benchmark, Return of Funds, and Performance Targets

Current through Reg. 49, No. 28; July 12, 2024
(a) The Contract
				  Term for ESG funds may not exceed 12 months. All funds awarded under the
				  Contract must be expended by the Subrecipient on or before the expiration of
				  the Contract, unless an extension has been granted in accordance with this
				  section. A request to extend the Contract Term must show evidence that the
				  extension is necessary to provide services required under the Contract, and
				  provide good cause for failure to timely expend the funds. Extensions of
				  Contract Terms are considered on a case-by-case basis, but are subject to
				  §
										7.4(e) of this
				  title (relating to Amendments and Extensions of Contracts).
(1) The Executive Director or his or her
				  designee may approve an extension to the ESG Contract Term of up to six months
				  from the original Contract Term; and may approve an extension to the
				  Expenditure deadline for ESG CARES.
(2) Board approval is required if the
				  Subrecipient requests to extend an ESG Contract Term for more than six months
				  from the original Contract Term.
(3) Amendments of Expenditure requirements
				  will not be granted by the Executive Director or the Board when such action
				  would cause the Department to miss a federal Expenditure deadline.
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 7.43 - Program Income

Current through Reg. 49, No. 28; July 12, 2024
(a) Program income
				  is gross income received by the Subrecipient or its Affiliates directly
				  generated by a grant supported activity, or earned only as a result of the
				  grant agreement during the grant period.
(b) Program income received and expended
				  during the Contract Term will count toward meeting the Subrecipient's Matching
				  requirements, per
				  24 CFR §
											576.201(f),
				  provided the costs are eligible costs that supplement the program.
(c) Security and utility deposits paid on
				  behalf of a Program Participant should be treated as a grant to the Program
				  Participant. The deposit must remain with the Program Participant, and if
				  returned, is to be returned only to the Program Participant. If the landlord or
				  the utility service provider requires that the deposit be returned to the
				  Subrecipient, Affiliate, Subcontractor, or Subgrantee, the deposit is program
				  income, and must be treated as described in this subsection.
(d) In accounting for program income, the
				  Subrecipient must accurately reflect the receipt of such funds separate from
				  the receipt of federal funds and Subrecipient funds.
(e) Program income that is received after the
				  end of the Contract Term, or not expended within the Contract Term, along with
				  program income received two years following the end of the Contract Term must
				  be returned to the Department within 10 calendar days of receipt. Income
				  directly generated by a grant-supported activity after the two year period is
				  no longer program income and may be retained by the Subrecipient.
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 7.44 - Program Participant Eligibility and Program Participant Files

Current through Reg. 49, No. 28; July 12, 2024
(a) Program participants must meet the
				  applicable definitions of Homeless or At-risk of Homelessness. Proof of the
				  eligibility or ineligibility for Program Participants must be maintained in
				  accordance with
				  24 CFR §
											576.500, Recordkeeping and reporting
				  requirements. The Applicant must retain income documentation for Program
				  Participants receiving homelessness prevention and Program Participants
				  receiving rapid re-housing that require annual Recertification. Program
				  Participant income eligibility must be calculated and documented in accordance
				  with the Requirements of HUD Handbook 4350, except that the Department's DIS
				  form may be utilized if income cannot be documented in accordance with
				  24 CFR §
											576.500(e)(4). A
				  DIS must be completed and signed by Program Participants whom are subject to
				  income eligibility determination.
(b) The Subrecipient must document
				  eligibility before providing services after a break-in-service. A
				  break-in-service occurs when a previously assisted Household has exited the
				  program and is no longer receiving services through Homeless Programs. Upon
				  reentry, the Household is required to complete a new intake application and
				  provide updated source documentation, if applicable.
(c) The Subrecipient must utilize the rental
				  assistance agreement promulgated by the Department if providing rental
				  assistance. The rental assistance agreement does not take the place of the
				  lease agreement between the landlord/property manager and the tenant.
(d) The Subrecipient must retain a copy of
				  the signed Disclosure Information on Lead Based Paint and/or Lead-Based Hazards
				  for housing built before 1978 in the Program Participant's file in accordance
				  with
				  24 CFR §
											576.403(a).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter D - ENDING HOMELESSNESS FUND › Section 7.61 - Purpose and Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) As
				  authorized by Tex. Transp. Code §502.415, the Ending Homelessness Fund (EH
				  Fund) provides grant funding only to counties and municipalities for the
				  purpose of combating homelessness.
(b) Permitted EH Fund eligible activities
				  include any activity determined to be eligible under Subchapter B of this
				  Chapter, Homeless Housing and Services Program (HHSP), and as otherwise
				  described in this subchapter and Subchapter A of this chapter.
(c) Capitalized terms used in this subchapter
				  shall follow the meanings defined in Subchapter A of this chapter unless the
				  context clearly indicates otherwise. Additionally, any words and terms not
				  defined in this section but defined or given specific meaning in 24 CFR Part
				  576 , or used in that Part and defined elsewhere in state or federal law or
				  regulation, when used in this chapter, shall have the meanings defined therein,
				  unless the context herein clearly indicates otherwise.
(d) Funds awarded under the EH Fund are not
				  subject to any Match requirements, but may be used as Match for other programs
				  that do require Match.