Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.8 - Fair Housing, Waitlist Policy, Affirmative Marketing and Procedures, Housing Counseling, Denials, Notice to Applicants, Reasonable Accommodations, and Limited English Proficiency

Current through Reg. 49, No. 28; July 12, 2024
(a) Fair Housing.
				In addition to Chapter 1, Subchapter B of this title (relating to Accessibility
				and Reasonable Accommodations), an Administrator must comply with all
				applicable state and federal rules, statutes, or regulations, involving
				accessibility including the Fair Housing Act, Section 504 of the Rehabilitation
				Act of 1973, Title II of the Americans with Disabilities Act, and the
				Architectural Barriers Act as well as state and local building codes that
				contain accessibility requirements; where local, state, or federal rules are
				more stringent, the most stringent rules shall apply. Administrators receiving
				Federal or state funds must comply with the Age Discrimination Act of
				1975.
(b) Preferences.
				Administrators of the Amy Young Barrier Removal Program may have a preference
				prioritizing Households to prevent displacement from permanent housing, or to
				foster returning to permanent housing related to inaccessible features of the
				unit.
(c) Waitlist Policy. An
				Administrator receiving Federal funds must have a Waitlist Policy. The Waitlist
				Policy must be submitted to the Department each time the Administrator applies
				for a new contract or a new type of activity. The Administrator may submit a
				previously approved Waitlist Policy if no changes need to be made. The Waitlist
				Policy must be submitted at a minimum of every three years if the Administrator
				continues to accept new Applications. An Administrator receiving Federal funds
				must submit a Waitlist Policy with an Affirmative Fair Housing Marketing Plan
				as described in subsection (d) of this section, relating to Affirmative
				Marketing and Procedures.
(1) A Waitlist
				Policy must include any Department approved preferences used in selecting
				Applicants from the list. An Administrator that has defined preferences in its
				written waitlist procedures or tenant selection plans, as applicable, will
				employ preferences first and select Applicants from the waiting list that meet
				the defined preference, still using the neutral random selection process. An
				Administrator of a federally funded Program may only request to establish
				preferences that are included in Department planning documents, specifically
				the One Year Action Plan or Consolidated Plan, or as otherwise allowed for CDBG
				funded Activities.
(2) An
				Administrator must accept Applications from possible eligible Applicants for a
				minimum of a 21 calendar day period. A first-come, first-served basis may not
				be implemented during initial selection. At the close of the minimum 21
				calendar day Application acceptance period, an Administrator must select
				Applications through a neutral random selection process that the Administrator
				described in its written policies and procedures. After the Administrator has
				allowed for the minimum 21 calendar day period to accept Applications and has
				used a neutral random selection process to assist Households, the Administrator
				may accept Applications on a first-come, first-served basis if funds remain in
				the current contract or Activity type. The Director of Programs, or designee,
				may approve an exemption from the 21 calendar day period and the neutral random
				selection process for Administrators of HOME disaster set-aside Tenant Based
				Rental Assistance, as necessary to respond to the disaster.