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 10.802 - Written Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this section is to outline the policies and/or procedures of the Department
				  (also called tenant section criteria) that are required to have written
				  documentation. If an Owner fails to have such Written Policies and Procedures,
				  or fails to follow their Written Policies and Procedures it will be handled as
				  an Event of Noncompliance as further provided in §
										10.803 of this subchapter
				  (relating to Compliance and Events of Noncompliance).
(1) Owners must inform applicants/tenants in
				  writing, at the time of application, or at the time of other actions described
				  in this section, that such policies/procedures as described in this section are
				  available, and that the Owner will provide copies upon request to
				  applicants/tenants or their representatives.
(2) The Owner must have all policies and
				  related documentation required by this section and the TDHCA form based on HUD
				  form 5380 "Notice of Occupancy Rights under the Violence Against Women Act" and
				  the HUD form 5382 "Certification of Domestic Violence, Dating Violence, Sexual
				  Assault, or Stalking and Alternate Documentation" available in the leasing
				  office and anywhere else where applications are taken; Developments that accept
				  electronic applications must maintain on their website these Written Policies
				  and Procedures and the same noted forms.
(3) All policies must have an effective date.
				  Any changes made to the policies require a new effective date, and a notice
				  regarding the availability of new policies must be communicated to tenants in
				  writing. Acceptable forms of notification in writing are:
(A) Written notice to each household through
				  an active communications portal or online rental payment portal, if either are
				  used at the Development;
(B)
				  written notice via hard copy placed on the door to each occupied
				  Unit;
(C) a notice online on the
				  Development's website, if the Development has one; or
(D) a hard copy notice posted in the leasing
				  office's public area for at least 30 calendar days.
(4) In general, policies addressing credit,
				  criminal history, and occupancy standards cannot be applied retroactively.
				  Tenants who already reside in the Development or applicants on the waitlist at
				  the time new or revised tenant selection criteria are applied, and who are
				  otherwise in good standing under the lease or waitlist, must not receive
				  notices of termination or non-renewal based solely on their failure to meet the
				  new or revised tenant selection criteria or be passed over on the waitlist.
				  However, criteria related to program eligibility may be applied retroactively
				  when a market rate development receives a new award of tax credits, federal, or
				  state funds and a household is not eligible under the new program requirements,
				  or when prior criteria violate federal or state law.