Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter B - AVAILABILITY OF FUNDS, APPLICATION REQUIREMENTS, REVIEW AND AWARD PROCEDURES, GENERAL ADMINISTRATIVE REQUIREMENTS, AND RESALE AND RECAPTURE OF FUNDS › Section 23.27 - Reservation System Participant (RSP) Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) Terms of
				  Agreement. The term of an RSP Agreement will not exceed 36 months. Execution of
				  an RSP Agreement does not guarantee the availability of funds under a
				  reservation system. Reservations submitted under an RSP agreement will be
				  subject to the provisions of this Chapter in effect as of the date of
				  submission by the Administrator.
(b) Limits on Number of Reservations. Except
				  for Activities submitted under the Disaster set-aside, RSP Administrators may
				  have no more than five Reservations per county within the RSP's Service Area
				  submitted to the Department for approval at any given time, except that
				  Tenant-Based Rental Assistance Reservations submitted for approval under an RSP
				  Agreement is limited to 30 at any given time.
(c) Extremely Low-Income Households. Except
				  for Households submitted under the Disaster set-aside, each RSP will be
				  required to serve at least one extremely low-income Household out of every four
				  Households submitted and approved for assistance. For purposes of this
				  subsection, extremely low-income is defined as families that are either at or
				  below 30 percent AMFI for the county in which they will reside or have an
				  income that is lower than the statewide 30 percent income limit without
				  adjustments to HUD limits.
(d)
				  Match. Administrators must meet the Match requirement per Activity approved for
				  assistance.
(e) Completion of
				  Construction. For Activities involving construction, construction must be
				  complete within 12 months from the Commitment of Funds for the Activity, unless
				  amended in accordance with subsection (g) of this section.
(f) Household commitment contract term. The
				  term of a Household commitment contract may not exceed 12 months, except that
				  the Household commitment contract term for Tenant-Based Rental Assistance may
				  not exceed 24 months. Household commitment contracts may commence after the end
				  date of an RSP Agreement only in cases when the Administrator has submitted a
				  Reservation on or before the termination date of the RSP Agreement.
(g) Amendments to Household commitment
				  contracts may be considered by the Department provided the approval does not
				  conflict with the federal regulations governing use of these funds, or impact
				  federally imposed obligation or expenditure deadlines.
(1) The Executive Director's authorized
				  designee may approve an amendment that extends the term of a Household
				  commitment contract by not more than six months, except that the term of a
				  Household commitment contract for Tenant-Based Rental Assistance may not be
				  extended to exceed a total Household commitment contract term of 24
				  months.
(2) The Executive
				  Director's authorized designee may approve one or more amendments to a
				  Household commitment contract to:
(A) extend
				  the Construction Completion Date by not more than six months;
(B) extend the term of rental subsidy up to a
				  total term of 24 months;
(C) extend
				  the draw period by not more than three months after the Construction Completion
				  Date or termination of rental subsidy; or
(D) to increase Activity funds within the
				  limitations set forth in this Chapter.
(3) The Executive Director may approve
				  amendments to a Household commitment contract, except amendments to extend the
				  contract term of a Household Commitment contract by more than 12
				  months.