Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter G - AFFIRMATIVE MARKETING REQUIREMENTS AND WRITTEN POLICIES AND PROCEDURE › Section 10.801 - Affirmative Marketing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  Compliance with this section is required for all Developments with five or more
				  total units to further the objectives of Title VIII of the Civil Rights Act of
				  1968 and Executive Order 13166.
(b)
				  General. A Development Owner with five or more total Units must affirmatively
				  market the Units to promote equal housing choice for prospective tenants,
				  regardless of race, color, religion, sex, national origin, familial status, or
				  disability and must develop and carry out an Affirmative Fair Housing Marketing
				  Plan (or Affirmative Marketing Plan) to provide for marketing strategies and
				  documentation of outreach efforts to prospective applicants identified as
				  "least likely to apply." To determine the "least likely to apply" populations,
				  a Development Owner is encouraged to use Worksheet 1 of HUD Form 935.2A, but at
				  a minimum the Owner must document that they have compared the demographic
				  composition of the Development to the market area to determine the populations
				  least likely to apply. All Affirmative Marketing Plans must provide for
				  affirmative marketing to Persons with Disabilities. Although not related to
				  Affirmative Marketing requirements in this section, some Developments may be
				  required by their LURAs to market units specifically to veterans or other
				  populations as part of their regular marketing activities. If a Development has
				  included veterans in the Development's Affirmative Marketing Plan it will not
				  be cited as noncompliance the first time the Development's Affirmative
				  Marketing Plan is reviewed, but the Development will be directed to revise the
				  Affirmative Marketing Plan to not include this subpopulation in the
				  plan.
(c) Plan format. A
				  Development Owner must prepare, have in its onsite records, and submit to the
				  Department upon request, a written Affirmative Marketing Plan. Owners are
				  encouraged to use any version of HUD Form 935.2A to meet Affirmative Marketing
				  requirements. An Owner participating in a HUD funded program administered by
				  the Department must use the version utilized by the program.
(d) Marketing and Outreach.
(1) The plan must include special outreach
				  efforts to the "least likely to apply" populations through specific media,
				  organizations, or community contacts that work with least likely to apply
				  populations or work in areas where least likely to apply populations live. The
				  outreach efforts identified in the Affirmative Marketing Plan must be performed
				  by the Development at least once per calendar year.
(2) To the extent that advertisements and/or
				  marketing materials are utilized for the Development, those materials must
				  contain:
(A) The Fair Housing logo;
(B) The contact information for the
				  individual who can assist if reasonable accommodations are needed in order to
				  complete the application process; and
(C) Property contact information must be
				  provided in both English and Spanish, and may be required to be provided in
				  other languages in accordance with Limited English Proficiency
				  Requirements.