Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter F - COMPLIANCE MONITORING › Section 10.602 - Notice to Owners and Corrective Action Periods

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department will provide written
				  notice to the Owner if the Department does not receive the Annual Owner
				  Compliance Report (AOCR) timely or if the Department discovers through
				  monitoring, audit, inspection, review, or any other manner that the Development
				  is not in compliance with the provisions of the LURA, deed restrictions,
				  application for funding, conditions imposed by the Department, this subchapter,
				  or other program rules and regulations, including but not limited to §42
				  of the Internal Revenue Code.
(b)
				  For a violation other than a violation that poses an imminent hazard or threat
				  to health and safety, the notice will specify a 30 day Corrective Action Period
				  for noncompliance related to the AOCR, and a 90 day Corrective Action Period
				  for other violations. During the Corrective Action Period, the Owner has the
				  opportunity to show that either the Development was never in noncompliance or
				  that the Event of Noncompliance has been corrected. Documentation of correction
				  must be received during the Corrective Action Period for an event to be
				  considered corrected during the Corrective Action Period. The Department may
				  extend the Corrective Action Period for up to six months from the date of the
				  notice to the Development Owner only if there is good cause for granting an
				  extension and the Owner requests an extension during the original 90 day
				  Corrective Action Period, and the request would not cause the Department or the
				  Owner to miss a federal deadline. Requests for an extension may be submitted
				  to: compliance.extensionrequest@tdhca.state.tx.us. If an Owner submits evidence
				  of corrective action during the Corrective Action Period that addresses each
				  finding, but does not fully address all findings, the Department will give the
				  Owner written notice and an additional 10 calendar day period to submit
				  evidence of full corrective action. References in this subchapter to the
				  Corrective Action Period include this additional 10 calendar day
				  period.
(c) If any communication to
				  the Owner under this section is returned to the Department as refused,
				  unclaimed, or undeliverable, the Development may be considered not in
				  compliance without further notice to the Owner. The Owner is responsible for
				  providing the Department with current contact information, including
				  address(es) (physical and electronic) and phone number(s). The Owner must also
				  provide current contact information to the Department as required by §
										1.22 of this title (relating to
				  Providing Contact Information to the Department), and ensure that such
				  information is at all times current and correct.
(d) The Department will notify Owners of
				  upcoming reviews and instances of noncompliance. The Department will rely
				  solely on the information supplied by the Owner in the Department's web-based
				  Compliance Monitoring and Tracking System (CMTS) to meet this requirement. It
				  is the Owner's sole responsibility to ensure at all times that such information
				  is current, accurate, and complete. Correspondence sent to the email or
				  physical address shown in CMTS will be deemed delivered to the Owner.
				  Correspondence from the Department may be directly uploaded to the property's
				  CMTS account using the secure electronic document attachment system. Once
				  uploaded, notification of the attachment will be sent electronically to the
				  email address listed in CMTS. The Department is not required to send a paper
				  copy, and if it does so it does as a voluntary and non-precedential courtesy
				  only.
(e) Unless otherwise required
				  by law or regulation, Events of Noncompliance will not be reported to the IRS,
				  referred for enforcement action, considered as cause for possible debarment, or
				  reported in an applicant's compliance history or Previous Participation Review,
				  until after the end of the Corrective Action Period described in this
				  section.
(f) Upon receipt of
				  facially valid complaints the Department may contact the Owner and request
				  submission of documents or written explanations to address the issues raised by
				  the complainant. The deadline to respond to the issue will be specific to the
				  matter. Whenever possible and not otherwise prohibited or limited by law,
				  regulation, or court order, the complaint received by the Department will be
				  provided along with the request for documents or Owner response.
(g) If another federal or state requirement
				  applicable to funding or resources that the Department monitors stipulates that
				  corrective action must be completed with less than a 90 day Corrective Action
				  Period, the Department will inform the Owner in writing and enforce the
				  applicable timeframe.