Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 8 - PROJECT RENTAL ASSISTANCE PROGRAM RULE › Section 8.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Terms defined in this chapter apply to the 811 PRA Program
				  administered by the Department. Any capitalized terms not specifically
				  mentioned in this section or any section referenced in this document shall have
				  the meaning ascribed to them in or for the purposes of the Program Requirements
				  or in Chapters 1, 2, 10, or 11 of the Texas Administrative Code, as
				  applicable.
(1) Assisted Units--rental
				units made available to or occupied by an Eligible Tenant in Eligible
				Multifamily Properties receiving assistance under
				42 U.S.C. §
										8013(b)(3)(A).
(2) Contract Rent--the total amount of rent
				specified in the Rental Assistance Contract (RAC) as payable to the Owner for
				the Assisted Unit.
(3) Cooperative
				Agreement--the Section 811 Project Rental Assistance Program Cooperative
				Agreement including all exhibits and attachments thereto, by and between the
				Department as "Grantee" and HUD, entered into as a condition to and in
				consideration of the Department's participation in the Section 811 Project
				Rental Assistance Program.
(4)
				Eligible Applicant--an Extremely Low-Income Person with Disabilities, between
				the ages of 18 and 61 and who meets the requirements of the Target Population,
				and Extremely Low Income Families, which includes at least one Person with a
				Disability, who is between the ages of 18 and 61 and who meets the requirements
				of the Target Population, at the time of admission. The Person with a
				Disability must be eligible for community-based, long-term care services as
				provided through Medicaid waivers, Medicaid state plan options, comparable
				state funded services or other appropriate services related to the type of
				disability(ies) targeted under the Inter-Agency Partnership
				Agreement.
(5) Eligible Families or
				Eligible Family--shall have the same meaning as Eligible Tenant.
(6) Eligible Multifamily Property or Eligible
				Multifamily Properties--any new or existing property owned by a private or
				public nonprofit, or for-profit entity with at least five (5) housing units and
				as specifically identified in a Participation Agreement.
(7) Eligible Tenant--an Eligible Applicant,
				also referred to as an Eligible Family, who is being referred to available
				Assisted Units in accordance with the Inter-Agency Partnership Agreement and
				for whom community-based, long-term care services are available at time of
				referral. Such services are voluntary; referral shall not be based on
				willingness to accept such services. Eligible Tenant also means an Extremely
				Low-Income Person with a Disability, between the ages of 18 and 61 at the time
				of referral, who meets the requirements of the Target Population and Extremely
				Low-Income Families, which includes at least one Person with a Disability, who
				is between the ages of 18 and 61 at the time of referral and who meets the
				requirements of the Target Population.
(8) Enterprise Income Verification System
				(EIV)--a HUD web-based application which provides Owners with employment,
				unemployment and Social Security benefit information for tenants participating
				in U.S. Department of Housing and Urban Development assisted housing
				programs.
(9) Existing
				Development--for purposes of 811 PRA Program participation, a property within
				the Department's Multifamily Program Applicant's portfolio that is not actively
				applying for multifamily award at the time, and is being considered to serve as
				the Eligible Multifamily Property as part of an Applicant's or an Affiliate's
				current multifamily application. For full applications made on or after January
				1, 2018, Existing Developments do not include properties for which the only
				Ownership interest is through the participation of a Historically Underutilized
				Business, which owns less than 50% of an Existing Development.
(10) Extremely Low-Income--a household whose
				annual income does not exceed thirty percent (30%) of the median income for the
				area, as determined by HUD's Extremely-Low Income Limit: families whose incomes
				do not exceed the higher of The Federal Poverty Level; or 30 percent of Area
				Median Income, as determined by HUD, with adjustments for smaller and larger
				families, except that HUD may establish income ceilings higher or lower than
				thirty percent (30%) of the median income for the area if HUD finds that such
				variations are necessary because of unusually high or low family incomes. HUD's
				income exclusions, as defined under
				24
				CFR §
										5.609 (as amended), apply in
				determining income eligibility and Eligible Tenant's rent.
(11) HUD--the U. S. Department of Housing and
				Urban Development.
(12)
				Inter-Agency Partnership Agreement--the Inter-Agency Partnership Agreement
				between TDHCA and State Health and Human Services Medicaid Agency(ies) that
				provides a formal structure for collaboration to participate in TDHCA's Section
				811 Project Rental Assistance Program to develop permanent supportive housing
				for Extremely Low-Income Persons with Disabilities.
(13) Multifamily Rules--Chapters 10, 11,
				and/or 13 of this Title, as applicable.
(14) Owner--the entity that owns the Eligible
				Multifamily Property. Additionally, Owner means the entity named as such in the
				Property Agreement, its successors, and assigns.
(15) Owner & Property Management
				Manual--a set of guidelines designed to be an implementation tool for the
				Program, which allows the Owner and the Owner's designated property manager to
				better administer the Program, which also includes adherence to the "Owner
				Occupancy Requirements" set forth in Section IV of HUD Notice H
				2013-24.
(16) Participation
				Agreement--(also known as Property Agreement) agreement to be executed by the
				Owner and the Department reflecting the agreement of participation in the
				Section 811 Project Rental Assistance Program with regards to a given number of
				assisted housing units on a certain multifamily rental housing
				property.
(17) Persons with
				Disability or Persons with Disabilities--shall have the same meaning as defined
				under
				42 U.S.C. §
										8013(k)(2) and
				24
				CFR §
										891.305.
(18) Program--The Department's Section 811
				Project Rental Assistance Program under Section 811 of the Cranston-Gonzales
				National Affordable Housing Act (42
				U.S.C. §
										8013(b)(3)(A)) ,
				as amended by the Frank Melville Supportive Housing Investment Act of 2010 (
				Public
				Law 111-374) designed to provide permanent
				supportive housing for Extremely Low-Income persons with disabilities receiving
				long term supports and services in the community.
(19) Program Requirements--means but is not
				limited to: the Participation Agreement; Tex. Gov't Code Ann. Chapter 2306; the
				applicable state program rules under Title 10, Chapters 1, 2, and 8 of the
				Texas Administrative Code; the Owner & Property Management Manual; the
				Cooperative Agreement; HUD Notice 2013-24 issued on August 23, 2013; Section
				811 of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. §
										8013(b)(3)(A)) ,
				as amended by the Frank Melville Supportive Housing Act of 2010 (
				Public
				Law 111-374; Consolidated and Further Continuing
				Appropriations Act of 2012 (
				Public
				Law 112-55); Notice of Funding Availability (NOFA)
				for Fiscal Year 2012 Section 811 Project Rental Assistance Program published on
				May 15, 2012; (NOFA) for Fiscal Year 2013 Section 811 Project Rental Assistance
				Program published on March 4, 2014, for Fiscal Year 2019 Project Rental
				Assistance Section 811 Program for Persons with Disabilities published on
				October 8, 2019, and Technical Corrections to NOFA; and all laws applicable to
				the Program.
(20) Proposed
				Development--the Development proposes to be awarded funds or an allocation as
				part of a Multifamily application.
(21) Rental Assistance Contract (RAC)--the
				HUD contract (form HUD-92235-PRA and form HUD-92237-PRA) by and between the
				Department and the Owner of the Eligible Multifamily Property which sets forth
				additional terms, conditions and duties of the Parties with respect to the
				Eligible Multifamily Property and the Assisted Units.
(22) Rental Assistance Payments--the payment
				made by the Department to Owners as provided in the Rental Assistance Contract.
				Where the Assisted Units are leased to an Eligible Tenant, the payment is the
				difference between the Contract Rent and the Tenant Rent. An additional payment
				is made to the Eligible Tenant when the Utility Allowance is greater than the
				Total Tenant Payment. A vacancy payment may be made to the Owner when an
				Assisted Unit is vacant, in accordance with the RAC and other Program
				Requirements.
(23) Target
				Population--the specific group or groups of Eligible Applicants and Eligible
				Tenants described in the Department's Inter-Agency Partnership Agreement who
				are intended to be solely served or to be prioritized under the Department's
				Program.
(24) Tenant Rent--the rent
				as defined in 24 CFR Part 5 .
(25)
				Total Tenant Payment--the payment as defined in 24 CFR Part 5.
(26) Use Agreement--an agreement by and
				between the Department and Owner in the form prescribed by HUD under Exhibit 10
				of the Cooperative Agreement (form HUD-92238-PRA) encumbering the Eligible
				Multifamily Property with restrictions and guidelines under the Program for
				operating Assisted Units during a thirty (30) year period, to be recorded in
				the official public property records in the county where the Eligible
				Multifamily Property is located.