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 10.609 - Notices to the Department

Current through Reg. 49, No. 28; July 12, 2024
If any of the events described in paragraphs (1) - (7) of
					 this section occur, written notice must be provided to the Department within
					 the respective timeframes. Failure to do so will result in an Event of
					 Noncompliance, and may be taken into consideration during Previous
					 Participation Reviews in accordance with Chapter 1 Subchapter C of this title,
					 or in Enforcement actions in accordance with Chapter 2 of this title.
(1) Written notice must be provided at least
				  30 days prior to any proposed sale, transfer, or exchange of the Development or
				  any portion of the Development, and the Department must give its prior written
				  approval to any such sale, transfer, or exchange, which will include a previous
				  participation review on the proposed new ownership, requiring that they
				  complete and provide a Previous Participation Review Form, in accordance with
				  §10.405;
(2) Notification must
				  be provided within 30 days following the event of any casualty loss, in whole
				  or in part, to the Development, using the Department's Notice of Casualty Loss
				  (for general casualty losses) or Notice of Disaster Casualty Loss (specific to
				  loss as a result of a Presidentially Declared Disaster). Within 30 days of
				  completion of all restorative repairs, the Owner must provide the executed
				  Notice of Property Restoration accompanied by all supporting documentation.
				  Supporting documentation can include, but is not limited to: Certificates of
				  Occupancy, photographs of all restorative repairs completed on buildings and/or
				  Units, invoices from contractors, insurance assessments and/or a written
				  summary of restorative repairs required. The Department may require additional
				  documentation not specified in this section on a case-by-case basis;
(3) Owners of Bond Developments shall notify
				  the Department of the date on which 10% of the Units are occupied and the date
				  on which 50% of the Units are occupied, and notice must occur within 90 days of
				  each such date;
(4) Within 30 days
				  after a foreclosure, the Department must be provided with documentation
				  evidencing the foreclosure and a rent roll establishing occupancy on the day of
				  the foreclosure;
(5) Within 10 days
				  of a change in the contact information (including contact persons, physical
				  addresses, mailing addresses, email addresses, phone numbers, and/or the name
				  of the property as know by the public) for the Ownership entity, management
				  company, and/or Development the Department's CMTS must be updated. Separate
				  contact information must be provided for Ownership entity, management company,
				  and onsite manager at the Development. A single contact may be used for the
				  owner and management if they are the same entity.
(6) Within 30 days of completion of the
				  American Institute of Architects form G704- Certificate of Substantial
				  Completion, or Form HUD-92485 for instances in which a federally insured HUD
				  loan is utilized, an Owner must request a Final Construction Inspection;
				  and
(7) Development Owners that
				  have agreed to participate in the Section 811 PRA program are required to
				  notify the Department about the availability of Units as described in
				  accordance with §8.2(l)(3) and §8.2(l)(4).