reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.7 - Appeals Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this rule is to provide the procedural steps by which an appeal can
				  be filed relating to Department decisions as authorized by Tex. Gov't Code
				  §
										2306.0321 and §
										2306.0504 which
				  together require an appeals process be adopted by rule for the handling of
				  appeals relating to Department decisions and debarment. Appeals relating to
				  competitive low income housing tax credits, or when multifamily loans are
				  contemporaneously layered with competitive low income housing tax credits, and
				  the associated underwriting, are governed by a separate appeals process
				  provided at §
										11.902 of this title (relating to
				  Appeals Process) (§2306.0321; §2306.6715).
(b) Definitions. The following words and
				  terms, when used in this subchapter, shall have the following meanings, unless
				  the context clearly indicates otherwise. If not defined in this section,
				  capitalized terms used in this section have the meaning in the rules that
				  govern the applicable program under which the appeal is being filed.
(1) Affiliated Party--An individual,
				  corporation, partnership, joint venture, limited liability company, trust,
				  estate, association, cooperative or other organization or entity of any nature
				  whatsoever that directly, or indirectly through one or more intermediaries, has
				  Control of, is Controlled by, or is under common Control with any other Person.
				  All entities that share a Principal are Affiliates.
(2) Appeal--An Appealing Party's notice to
				  the Department to challenge a decision or decisions made by staff and/or the
				  Executive Director regarding an Application, Commitment, Contract, Loan
				  Agreement, Debarment, Underwriting Report, or LURA as governed by this
				  section.
(3) Appeal File--The
				  written record of an Appeal that contains the applicant's Appeal; the
				  correspondence, if any, between Department staff (or the Executive Director)
				  and the Appealing Party; and the final Appeal decision response provided to the
				  Appealing Party.
(4) Appealing
				  Party--The Administrator, Affiliated Party, Applicant, Person, or Responsible
				  Party under subchapter D, §
											2.102 of this title (relating to
				  Enforcement Definitions) who files, intends to file, or has filed on their
				  behalf, an Appeal before the Department.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.8 - Plan Requirements, Process and Approval Criteria for Properties Designated for Camping by Political Subdivisions for Homeless Individuals

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Subchapter PP of Chapter 2306,
				  Texas Government Code, Property Designated by Political Subdivision for Camping
				  by Homeless Individuals, was enacted in September 2021. §2306.1122
				  provides that a Political Subdivision may not designate a property to be used
				  by homeless individuals to Camp unless the Department has approved a Plan as
				  further described by Subchapter PP. This rule provides the Department's
				  policies for such Plans, including the process for Plan submission, Plan
				  requirements, the review process, and the criteria by which a Plan will be
				  reviewed by the Department.
(b)
				  Applicability.
(1) This rule applies only to
				  the designation and use of a property designated for camping by homeless
				  individuals that first begins that use on or after September 1, 2021, except
				  that the rule and requirements of Subchapter PP, Chapter 2306, Texas Government
				  Code, do not apply to a Proposed Property to be located on/in a Public Park.
				  Public Parks are ineligible to be used as a Camp by homeless individuals per
				  Subchapter PP, Chapter 2306, Texas Government Code.
(2) The designation and use of a Proposed
				  Property described by Subchapter PP, Chapter 2306, Government Code that first
				  began before September 1, 2021, is governed by the law in effect when the
				  designation and use first began, and the former law is continued in effect for
				  that purpose.
(3) A Political
				  Subdivision that designated a property to be used by homeless individuals to
				  Camp before September 1, 2021, may apply on or after that date for approval of
				  a Plan pursuant to this section.
(4) A Political Subdivision that authorizes
				  camping under the authority of §48.05(d)(1), (3) or (4), Texas Penal Code,
				  are not required to submit a Plan for those instances.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.10 - Public Comment Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to establish procedures for hearing public comment
				  at Governing Board meetings open to the public held by the Texas Department of
				  Housing and Community Affairs in accordance with §
										2306.032(f)
				  and §
										2306.066(d)
				  of the Tex. Gov't Code.
(b)
				  Procedures for taking public comment.
(1) At
				  each meeting open to the public the Governing Board (Board) shall provide
				  opportunity for members of the public to make:
(A) General public comment after the Board
				  has taken action on all posted agenda items on which it intends to take action,
				  general public comment on matters of relevance to the Department's business, or
				  requests that the Board place specific items on future agendas for
				  consideration. It is the prerogative of the Board Chair to place reasonable
				  limits on public comment. Handouts of printed materials are permitted only as
				  provided for in paragraph (6) of this subsection; and
(B) Specific public comment on each posted
				  agenda item after the presentation made by Department staff and motions made by
				  the Board. For purposes of this rule, the Board may consider the staff's
				  presentation to be staff's written presentation in the Board's meeting book
				  posted on the Department's website, or additional printed materials only as
				  provided for in paragraph (6) of this subsection.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.11 - Definition of Service-Enriched Housing

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. It is
				  the purpose of this section to define service-enriched housing for the Housing
				  and Health Services Coordination Council.
(b) Definition. For the purpose of directing
				  the work of the Housing and Health Services Coordination Council and its work
				  products, including the biennial plan, Service-Enriched Housing is defined as
				  community integrated, affordable, accessible rental housing that provides
				  residents with the opportunity to receive on-site and/or off-site
				  health-related and other services and supports that foster independence in
				  living and decision-making for individuals including those with disabilities,
				  people who are elderly, persons who are experiencing or have experienced
				  homelessness, veterans, youth exiting foster care and Violence Against Women
				  Act covered populations.
(c)
				  Preferences and limitations for individual properties are governed by the
				  tenant selection criteria found in Chapters 1, 10, 11, 12, and 13 of this Title
				  and by specific requirements found in Land Use Restriction
				  Agreements.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.12 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. In
				  accordance with Tex. Gov't Code §
										RSA 2306.082, the
				  Department encourages the use of negotiated rulemaking procedures for the
				  adoption of Department rules. Tex. Gov't Code Chapter 2008 describes the
				  procedures for negotiated rulemaking including appointment of a convener;
				  publishing notice of proposed negotiated rulemaking and requesting comments on
				  the proposal; appointing a negotiated rulemaking committee; appointing an
				  impartial third party facilitator; and proposing the resulting draft rule for
				  public comment.
(b) Request for
				  Negotiated Rulemaking Process.
(1) Any person
				  or organization that would like for the Department to use negotiated rulemaking
				  for the adoption of a Department rule may submit such a request to the
				  Department's Board Secretary. The proposal must identify: the rule proposed for
				  negotiated rulemaking, potential participants for the negotiated rulemaking
				  committee, possible third party facilitators, and a suggested timeline for the
				  process. The Department may also on its own propose to use negotiated
				  rulemaking.
(2) In determining
				  whether a proposed negotiated rulemaking is appropriate in a particular
				  situation, the Department and interested parties may consider any relevant
				  factors, including:
(A) The number of
				  identifiable interests that would be significantly affected by the proposed
				  rule;
(B) The probability that
				  those interests would be adequately represented in a negotiated
				  rulemaking;
(C) The probable
				  willingness and authority of the representatives of affected interests to
				  negotiate in good faith;
(D) The
				  probability that a negotiated rulemaking committee would reach a unanimous or a
				  suitable general consensus on the proposed rule;
(E) The probability that negotiated
				  rulemaking will not unreasonably delay notice and eventual adoption of the
				  proposed rule;
(F) The adequacy of
				  agency and public resources to participate in negotiated rulemaking;
				  and
(G) The probability that the
				  negotiated rulemaking committee will provide a balanced representation among
				  all interested and affected parties. (Tex. Gov't Code §
												RSA
				  2008.052(d)).
(3) The Department generally will respond to
				  the request within seven calendar days. If the negotiated rulemaking is not
				  pursued, the Department will provide the party making the request with an
				  explanation for the basis of the decision.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.13 - Contested Case Hearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to provide procedures for contested case hearings. This section does not apply
				  to matters such as appeals to the Board of staff decisions or waivers, and this
				  section does not in itself create any right to a contested case hearing, but
				  merely provides the process to be used for contested case hearings that are
				  otherwise expressly provided for by law or rule.
(b) SOAH Designation. The Governing Board
				  (the Board) of the Texas Department of Housing and Community Affairs (the
				  Department) designates the State Office of Administrative Hearings (SOAH) to
				  hold all contested case hearings on the Board's behalf.
(c) Initiation of Hearing.
(1) Upon request from the Board or upon
				  receipt of a pleading or other document that is intended to initiate a
				  contested case proceeding, the Department shall determine if a contested case
				  hearing is indicated under the relevant statutory provisions and rules. If so,
				  staff will mark the file as a pending proceeding and refer the matter to SOAH
				  for hearing generally within 45 calendar days, or such other lesser time as an
				  applicable state or federal statute, rule, or regulation may require. The
				  Department will notify the opposing party of any delay.
(2) SOAH shall acquire jurisdiction over a
				  case when the Department completes and files a Request to Docket Case form or
				  other form acceptable to SOAH, together with the notice of report to the Board
				  required under Tex. Gov't. Code §2306.043 or other pertinent documents
				  giving rise to the case. Once SOAH acquires jurisdiction, all subsequent
				  documents created, sent, or received in connection with the proceeding that
				  SOAH requires to be filed with it are to be filed with SOAH, with appropriate
				  service upon the opposing party in accordance with this section and the rules
				  of SOAH.
(3) Except upon a showing
				  of good cause or as an applicable statute or federal regulation may require,
				  all contested case hearings in which the Department is a party shall be held at
				  the location so determined by SOAH.
(4) Nothing in this subchapter shall in any
				  way limit, alter, or abridge the ability of the Department to enter into
				  mediation or alternative dispute resolution at any time prior to or after the
				  holding of the administrative hearing but prior to the adoption by the Board of
				  a final order.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.15 - Integrated Housing Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. It is
				  the purpose of this section to provide a standard by which Developments funded
				  by the Department offer an integrated housing opportunity for Households with
				  Disabilities. This rule is authorized by Tex. Gov't Code, §
										RSA
				  2306.111(g) that
				  promotes projects that provide integrated affordable housing.
(b) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1)
				  Capitalized words used herein have the meaning assigned in the specific
				  Chapters and Rules of this Part that govern the program associated with the
				  funded or awarded Development, or assigned by federal or state law.
(2) Households with Disabilities--A Household
				  composed of one or more persons, at least one of whom is an individual who is
				  determined to have a physical or mental impairment that substantially limits
				  one or more major life activities; or having a record of such an impairment; or
				  being regarded as having such an impairment. Included in this meaning is the
				  term handicap as defined in the Fair Housing Act or disability as defined by
				  other applicable federal or state law.
(3) Integrated Housing--Living arrangements
				  typical of the general population. Integration is achieved when Households with
				  Disabilities have the option to choose housing units that are located among
				  units that are not reserved or set aside for Households with Disabilities.
				  Integrated Housing is distinctly different from assisted living
				  facilities/arrangements.
(4)
				  Unit--has the meaning in Chapter 11 of this title (relating to Qualified
				  Allocation Plan (QAP)), or of Single Family Dwelling Unit in Chapter 20 of this
				  title (relating to Single Family Programs Umbrella Rule), or Dwelling Unit in
				  Chapter 7 of this title (relating to Construction Activities), as determined by
				  the applicable funding source.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.16 - Ethics and Disclosure Requirements for Outside Financial Advisors and Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to establish standards of conduct applicable to
				  financial advisors or service providers in accordance with Tex. Gov't Code
				  Chapters 2263, 2270, and 2252.
(b)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Department--The Texas Department of
				  Housing and Community Affairs, (the "Department").
(2) Board--The Governing Board of the
				  Department.
(3) Financial advisor
				  or service provider--A person or business entity who acts as a financial
				  advisor, financial consultant, money or investment manager, or broker who:
(A) may reasonably be expected to receive,
				  directly or indirectly, more than $10,000 in compensation from the Department
				  during a fiscal year; or
(B)
				  renders important investment or funds management advice to the Department or a
				  member of the Board.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.17 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. In accordance with Tex. Gov't Code, §
										RSA 2306.082, and as
				  authorized by Tex. Gov't Code, §
										RSA 2009.051(c), the
				  Department encourages the use of appropriate Alternative Dispute Resolution
				  ("ADR") procedures under Tex. Gov't Code, Chapter 2009 to assist in the fair
				  and expeditious resolution of internal and external disputes under the
				  Department's jurisdiction. These ADR procedures are intended to work in
				  conjunction with the guidelines and rules of the State Office of Administrative
				  Hearings found at Tex. Gov't Code, Chapter 2001; 1 TAC Part 7, Chapter 155; and
				  with Chapter 154, Civil Practice and Remedies Code.
(b) Definitions. For purposes of this rule,
				  terms used herein shall have the following meaning:
(1) Alternative Dispute Resolution ("ADR")--a
				  procedure or combination of procedures described in Chapter 154, Civil Practice
				  and Remedies Code.
(2) Dispute
				  Resolution Coordinator--One or more trained persons employed by the Department,
				  who may not be in the Legal Division, designated by the Executive Director to
				  coordinate and process requests for the ADR procedures.
(3) Mediation--a dispute resolution procedure
				  in which an impartial person, the mediator, facilitates communication between
				  the parties to promote reconciliation, settlement, or understanding among them.
				  The mediator may not impose his or her own judgment on the issues for that of
				  the parties (§RSA
				  154.023(a) and (b), Texas Civil Practice and
				  Remedies Code).
(4) Impartial third
				  party--A person who meets the qualifications and conditions of Tex. Gov't Code
				  §
											RSA 2009.053. An
				  Impartial Third Party must possess the qualifications required under the Texas
				  Civil Practice and Remedies Code §
											RSA
				  154.052 (a minimum of 40 classroom hours of
				  training in dispute resolution techniques), is subject to the standards and
				  duties prescribed by Texas Civil Practice and Remedies Code §
											RSA
				  154.053 and has the qualified immunity
				  prescribed by Texas Civil Practice and Remedies Code §
											RSA
				  154.055 for volunteer third parties not
				  receiving compensation in excess of expenses, if applicable. (Tex. Gov't Code
				  §
											RSA
				  2009.053(d)).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.19 - Reallocation of Financial Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. As provided for by Tex. Gov't
				  Code §
										RSA
				  2306.111(h),
				  this rule provides the policy for the reallocation of financial assistance,
				  including assistance related to bonds, administered by the Department if the
				  Department's obligation with respect to that assistance is prematurely
				  terminated.
(b) It is the policy of
				  the Department to take prudent measures to ensure that, when funds are provided
				  to recipients for assistance, the funds are timely and lawfully utilized and
				  that, if they cannot be timely and lawfully utilized by the initial recipient,
				  there are mechanisms in place to reallocate those funds to other recipients in
				  order to ensure their full utilization in assisting beneficiaries.
(c) The reallocation of federal or state
				  financial assistance administered by the Department may be required when:
(1) an administrator, subrecipient, owner, or
				  contractor returns contracted funds;
(2) reserved funds are not fully utilized at
				  completion of an activity;
(3)
				  balances on contracts remain unused;
(4) funds in a contract or reservation are
				  partially or fully recaptured or terminated;
(5) funds in a contract that were used for an
				  ineligible activity and have been repaid to the Department and the federal
				  oversight agency is allowing the Department to still utilize the
				  funds;
(6) required benchmarks or
				  expenditure deadlines have not been achieved within the time frames
				  agreed;
(7) there is program
				  income; or
(8) other circumstances
				  arise that prompt an initial recipient to be unable to utilize contracted
				  funds.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.21 - Action by Department if Outstanding Balances Exist

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to inform Persons or entities requesting awards of new funds or resources,
				  Form(s) 8609, application amendments, LURA amendments, new Contracts (with the
				  exception of a Household Commitment Contract), Contract amendments, or loan
				  modifications that, with the exceptions noted by this rule, if fees or loan
				  payments (principal or interest) are past due, or Disallowed Costs have not
				  been repaid, to the Department, the request may be denied, delayed, or the
				  Subrecipient/Administrator/Developer/Owner's Contract(s) terminated.
(b) Definitions.
(1) Capitalized words used herein have the
				  meaning assigned in the specific Chapters and Rules of this Part that govern
				  the program associated with the request, or assigned by federal or state law.
(2) Disallowed Costs: Expenses
				  claimed by a Subrecipient/Administrator/Developer/Owner, paid by the
				  Department, and subsequently determined by the Department to be ineligible and
				  subject to repayment.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.22 - Providing Contact Information to the Department

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person or entities doing business
				  with the Department shall notify the Department, of any change in contact
				  information, including names, addresses, telephone numbers, email addresses and
				  fax numbers. In addition, the notification shall include all Department
				  contract numbers, project numbers or property names of any type. The
				  notification shall be made as described in paragraphs (1) and (2) of this
				  subsection:
(1) by email sent to the director
				  or manager of the applicable program; or
(2) sent via the CMTS Attachment
				  System.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter A - GENERAL POLICIES AND PROCEDURES › Section 1.23 - State of Texas Low Income Housing Plan and Annual Report (SLIHP)

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Housing and Community Affairs
					 (TDHCA or the Department) adopts by reference the 2024 State of Texas Low
					 Income Housing Plan and Annual Report (SLIHP). The full text of the 2024 SLIHP
					 may be viewed at the Department's website:
www.tdhca.state.tx.us
. The public may also
					 receive a copy of the 2024 SLIHP by contacting the Department's Housing
					 Resource Center at (512) 475-3976.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter B - ACCESSIBILITY AND REASONABLE ACCOMMODATIONS › Section 1.201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this subchapter is to establish
				  a framework for informing compliance with the requirements of Tex. Gov't Code
				  §§
										2306.6722,
				  2306.6725, and
				  2306.6730, and the
				  requirements of the Americans with Disabilities Act, Section 504 of the 1973
				  Rehabilitation Act (Section 504) and the Fair Housing Act for Recipients of awards
				  from the Texas Department of Housing and Community Affairs (the Department)
				  including but not limited to:
(1) Community
				  Services Block Grant;
(2) Low Income
				  Home Energy Assistance Program (LIHEAP) (including the two programs utilizing this
				  funding source: the LIHEAP Weatherization Assistance Program and the Comprehensive
				  Energy Assistance Program);
(3)
				  Emergency Solutions Grant (ESG);
(4)
				  Texas Housing Trust Fund;
(5) Low Income
				  Housing Tax Credit, including Exchange;
(6) Multifamily Bond Programs (Bond);
(7) National Housing Trust Fund (NHTF);
(8) Neighborhood Stabilization Program
				  (NSP);
(9) HOME;
(10) TCAP;
(11) TCAP- Returned Funds (TCAP-RF);
(12) Section 8;
(13) Department of Energy Weatherization
				  Assistance Program;
(14) Homeless
				  Housing and Services Program (HHSP);
(15) Ending Homelessness Fund (EH);
(16) Community Development Block Grant
				  (CDBG);
(17) Community Development Block
				  Grant - CARES Act (CDBG-CV);
(18) 811
				  Project Rental Assistance (811 PRA);
(19) Emergency Rental Assistance (ERA);
(20) Department of Energy Weatherization Program
				  (DOE WAP); and
(21) HOME American Rescue
				  Plan (HOME-ARP).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter B - ACCESSIBILITY AND REASONABLE ACCOMMODATIONS › Section 1.203 - General Requirements and Effect of Non Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) No individual with a
				  Disability shall, by reason of their Disability, be excluded from the participation
				  in, be denied the benefits of, or be subjected to discrimination under any
				  Department awarded program or activity.
(b) There are additional requirements for
				  compliance with Section 504 of the 1973 Rehabilitation Act; Title VI of the Civil
				  Rights Act of 1964; the Fair Housing Act; the Americans with Disabilities Act; and
				  other civil rights laws, regulations and Executive Orders by Recipients of
				  Department program or activities. This subchapter addresses only the requirements
				  relating to physical accessibility, and reasonable accommodations under Section 504,
				  the American with Disabilities Act, and the Fair Housing Act. Other
				  disability-related requirements include, but are not limited to:
(1) Operating housing that is not segregated based
				  upon disability or type of disability, unless authorized by federal statute or
				  executive order;
(2) Providing auxiliary
				  aids and services necessary for effective communication with persons with
				  disabilities; and
(3) Operating programs
				  in the most integrated setting appropriate to the needs of qualified individuals
				  with disabilities.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter B - ACCESSIBILITY AND REASONABLE ACCOMMODATIONS › Section 1.204 - Reasonable Accommodations

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. This
				  policy relates to a request for Reasonable Accommodations made by an applicant or
				  participant of a Department program to a Recipient, or made by an applicant or
				  occupant to a property funded by the Department to the property. The policy
				  regarding a request for Reasonable Accommodation by the Department is found at 10
				  TAC §
										1.1 of this chapter.
(b) General Considerations in Handling of
				  Reasonable Accommodations. An applicant, participant, or occupant who has a
				  disability may request an accommodation and, depending on the program funding the
				  property or activity and whether the accommodation requested is a reasonable
				  accommodation, their request must be timely addressed.
(1) When the Department monitors a property or
				  activity for how reasonable accommodation requests have been handled, it will
				  consider such things as whether the person working on behalf of the program or
				  property which the Department is monitoring:
(A)
				  Timely received the request and recorded it;
(B) Took into consideration how action on the
				  request would impact the person making the request; and
(C) Engaged in communication with the requestor to
				  understand the nature of their request and whether there was a reasonable way to
				  make an accommodation.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter B - ACCESSIBILITY AND REASONABLE ACCOMMODATIONS › Section 1.205 - Compliance with the Fair Housing Act

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally, housing
				  designed and constructed for first occupancy after March 13, 1991, must comply with
				  the Fair Housing Act. This includes Units, common areas, and amenities added to
				  existing buildings, or on land under common ownership and contiguous with housing
				  otherwise exempt from the Fair Housing Act.
(b) Compliance with the Fair Housing Act makes it
				  unlawful to discriminate based on a person's disability, race, color, religion, sex,
				  familial status, or national origin unless there is an exception in federal
				  law.
(c) The Department requires
				  compliance with HUD's Fair Housing Act Design Manual, including the ability to claim
				  exemptions or exceptions provided for therein.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter B - ACCESSIBILITY AND REASONABLE ACCOMMODATIONS › Section 1.206 - Applicability of the Construction Standards for Compliance with Section 504 of the Rehabilitation Act of 1973

Current through Reg. 49, No. 28; July 12, 2024
(a) The following types of Multifamily Housing
				  Developments must comply with the construction standards of §504 of the
				  Rehabilitation Act of 1973, as further defined through the Uniform Federal
				  Accessibility Standards (UFAS):
(1) New
				  construction and reconstruction HOME and NSP Multifamily Housing Developments that
				  began construction before March 12, 2012;
(2) Rehabilitation HOME and NSP Multifamily
				  Housing Developments that submitted a full application for funding before January 1,
				  2014; and
(3) All Housing Tax Credit and
				  Tax Exempt Bond Developments that were awarded after September 1, 2001, and
				  submitted a full application before January 1, 2014.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter B - ACCESSIBILITY AND REASONABLE ACCOMMODATIONS › Section 1.207 - General Requirements for Multifamily Housing Developments

Current through Reg. 49, No. 28; July 12, 2024
(a) All Units that are
				  accessible to persons with mobility impairments must be on an Accessible
				  Route.
(b) Recipients must give priority
				  to methods that offer housing in the most integrated setting possible (i.e., a
				  setting that enables qualified persons with Disabilities and persons without
				  Disabilities to interact to the fullest extent possible). This means the
				  distribution will provide individuals requiring accessible units with a choice of
				  location, layout, and price that is substantially equivalent to the choice available
				  to others. Distribution of accessible units may be further described in federal law,
				  regulation, or governing Rules in this Title. To the maximum extent feasible and
				  subject to reasonable health and safety requirements, accessible units must be:
(1) Distributed throughout the Development and
				  site; and
(2) Made available in a
				  sufficient range of sizes and amenities so that the choice of living arrangements of
				  qualified persons with Disabilities is, as a whole, comparable to that of other
				  persons eligible for housing assistance under the same program.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter C - PREVIOUS PARTICIPATION AND EXECUTIVE AWARD REVIEW AND ADVISORY COMMITTEE › Section 1.303 - Executive Director Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority and
				  Purpose. The Executive Director will make recommendations to the Board
				  regarding funding and allocation decisions related to Low Income Housing Tax
				  Credits and federal housing funds provided to the state under the Cranston
				  Gonzalez National Affordable Housing Act. The Department utilizes this process
				  to consider funding and allocation recommendations to the Board related to
				  other programs, and to consider an awardee under the requirements of
				  2 CFR §
											200.331(b) and (c) and
				  TxGMS, which requires that the Department evaluate an applicant's risk of
				  noncompliance and consider imposing conditions if appropriate prior to awarding
				  funds for certain applicable programs and as described in §1.403 of
				  Subchapter D of this chapter (relating to Single Audit Requirements). It is
				  also the purpose of this rule to provide for the considerations and processes
				  of award approvals, and to address actions of the Board relating to the
				  Executive Director's recommendations. Capitalized terms used in this section
				  herein have the meaning assigned in the specific chapters and rules of this
				  title that govern the program associated with the request, or assigned by
				  federal or state laws.
(b) Award
				  Recommendation Process.
(1) A positive
				  recommendation by the Executive Director represents a determination that, at
				  the time of the recommendation and based on available information, the
				  Department has not identified a rule or statutory-based impediment that would
				  prohibit the Board from making an award.
(2) A positive recommendation may have
				  conditions placed on it. Conditions placed on an award will be limited to those
				  conditions noted in subsection (e) of this section, or as suggested by the
				  Applicant and agreed upon by the Department.
(3) The Applicant will be notified of
				  proposed conditions. If the Applicant does not concur with the applicability of
				  one or more of the conditions, it will be provided an opportunity to dispute
				  the conditions as described in subsection (g) of this section, regarding
				  Disputes.
(4) Category 3 applicants
				  that will be recommended for denial will be notified and informed of their
				  right to dispute the negative recommendation as described in subsection (g) of
				  this section, regarding Disputes.
(5) Applications for 4% credits that do not
				  include other resources from TDHCA and that are only being issued a
				  Determination Notice are not considered awards for purposes of this rule and do
				  not require approval by the Executive Director prior to issuance of such
				  Notice, even if being presented to the Board in relation to public comment or
				  possible requests for waivers.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter D - UNIFORM GUIDANCE FOR RECIPIENTS OF FEDERAL AND STATE FUNDS › Section 1.401 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise. Capitalized words used herein have the meaning assigned in
					 the specific Chapters and Rules of this title that govern the program
					 associated with the request, or assigned by federal or state law.
(1) Affiliate--Shall have the meaning
				  assigned by the specific program or programs described in this part.
(2) Department--The Texas Department of
				  Housing and Community Affairs.
(3)
				  Equipment--tangible personal property having a useful life of more than one
				  year or a per-unit acquisition cost which equals or exceeds the lesser of the
				  capitalization level established by entity for financial statement purposes, or
				  $5,000.
(4) Executive Award Review
				  and Advisory Committee (EARAC)--the Committee established in Tex. Gov't Code
				  chapter 2306, that recommends the award or allocation of any Department funds
				  or resources.
(5) Professional
				  services--for a unit of government is as defined by state law. For Private
				  Nonprofit Organizations it means services:
(A)
				  within the scope of the practice, as defined by state law, of:
(i) accounting;
(ii) architecture;
(iii) landscape architecture;
(iv) land surveying;
(v) medicine;
(vi) optometry;
(vii) professional engineering;
(viii) real estate appraising;
(ix) professional nursing; or
(x) legal services; or
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter D - UNIFORM GUIDANCE FOR RECIPIENTS OF FEDERAL AND STATE FUNDS › Section 1.402 - Cost Principles and Administrative Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Subrecipients shall comply with the cost
				  principles and uniform administrative requirements set forth as applicable in
				  TxGMS or UGMS provided, however, that all references therein to "local
				  government" shall be construed to mean Subrecipient. A Subrecipient that is
				  administering a housing Program under Chapters 24 or 26 of this Title, may
				  receive a fixed amount of administrative funds. Private Nonprofit Subrecipients
				  of Emergency Solutions Grant (ESG), HOME Investments Partnership Program
				  (HOME), Neighborhood Stabilization Program (NSP), National Housing Trust Fund
				  (NHTF), Low Income Household Water and Wastewater Program (LIHWAP) and
				  Department of Energy Weatherization Assistance Program (DOE WAP) do not have to
				  comply with TxGMS unless otherwise required by Notice of Funding Availability
				  (NOFA) or Contract. For federal funds, Subrecipients will also follow 2 CFR
				  Part 200 , as interpreted by the federal funding agency.
(b) In order to maintain adequate separation
				  of duties, the Subrecipient shall ensure that no individual has the ability to
				  perform more than one of the functions described in paragraphs (1) - (5) of
				  this subsection that might result in a release of funds without appropriate
				  controls:
(1) Requisition
				  authorization;
(2) Encumbrance into
				  software;
(3) Check creation and/or
				  automated payment disbursement;
(4)
				  Authorized signature/electronic signature; and
(5) Distribution of paper check.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter D - UNIFORM GUIDANCE FOR RECIPIENTS OF FEDERAL AND STATE FUNDS › Section 1.403 - Single Audit Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  this section, the word Subrecipient also includes Multifamily Development
				  Owners who have applied for or received Direct Loan Funds, grants or 811 PRA
				  funds from the Department who are or have an Affiliate that is required to
				  submit a Single Audit, i.e. units of government, nonprofit
				  organizations.
(b) Procurement of a
				  Single Auditor. A Subrecipient or Affiliate must procure their single auditor
				  in the following manner unless subject to a different requirement in the Local
				  Government Code:
(1) Competitive Proposal
				  procedures whereby competitors' qualifications are evaluated and a contract
				  awarded to the most qualified competitor. Proposals should be advertised
				  broadly, which may include going outside the entity's service area, and
				  solicited from an adequate number (usually two or more) of qualified sources.
				  Procurements must be conducted in a manner that prohibits the use of in-state
				  or local geographical preferences in the evaluation of bids or
				  proposals;
(2) A Subrecipient may
				  not use the sealed bid method for procurement of the Single Auditor. There is
				  no requirement that the selected audit firm be geographically located near the
				  Subrecipient. If a Subrecipient does not receive proposals from firms with
				  appropriate experience or responses with a price that is not reasonable
				  compared to the cost price analysis, the submissions must be rejected and
				  procurement must be re-performed.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter D - UNIFORM GUIDANCE FOR RECIPIENTS OF FEDERAL AND STATE FUNDS › Section 1.404 - Purchase and Procurement Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The procurement of all goods and services
				  shall be conducted, to the maximum extent practical, in a manner providing full
				  and open competition consistent with the standards of 2 CFR Part 200 , UGMS,
				  and TxGMS, as applicable.
(b)
				  Subrecipients shall establish, and require its subrecipients/Subcontractors (as
				  applicable by program regulations) to establish, written procurement procedures
				  that when followed, result in procurements that comply with federal, state and
				  local standards, and grant award contracts. Procedures must:
(1) include a cost or price analysis that
				  provides for a review of proposed procurements to avoid purchase of unnecessary
				  or duplicative items. Where appropriate, analyzing lease versus purchase
				  alternatives, performing the proposed service in-house, and performing any
				  other appropriate analysis to determine the most economical approach.
(2) require that solicitations for goods and
				  services provide for a clear and accurate description of the technical
				  requirements for the material, product or service to be procured. In
				  competitive procurements, such a description shall not contain features which
				  unduly restrict competition, but must contain requirements that the
				  bidder/offeror must fulfill and all other factors to be used in evaluating bids
				  or proposals. A description, whenever practicable, of technical requirements in
				  terms of functions to be performed or performance required, including the range
				  of acceptable characteristics or minimum acceptable standards. The specific
				  features of "brand name or equal value" that bidders are required to meet must
				  be listed in the solicitation.
(3)
				  include a method for conducting technical evaluations of the proposals received
				  and for selecting awardees.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter D - UNIFORM GUIDANCE FOR RECIPIENTS OF FEDERAL AND STATE FUNDS › Section 1.405 - Bonding Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  requirements described in this subsection relate to construction or facility
				  improvements in DOE WAP, HOME, CDBG, NSP, HHSP, EH Fund, TCAP-RF, and ESG
				  Subrecipients, or other fund source required by state or federal law or
				  regulation to have bonding for construction or facility improvements.
(1) For construction contracts exceeding
				  $100,000, the Subrecipient must request and receive Department approval of the
				  bonding policy and requirements of the Subrecipient to ensure that the
				  Department is adequately protected.
(2) For construction contracts in excess of
				  $100,000, and for which the Department has not made a determination that the
				  Department's interest is adequately protected, a "bid guarantee" from each
				  bidder equivalent to 5% of the bid price shall be requested. The "bid
				  guarantee" shall consist of a firm commitment such as a bid bond, certified
				  check, or other negotiable instrument accompanying a bid as assurance that the
				  bidder will, upon acceptance of his bid, execute such contractual documents as
				  may be required within the time specified. A bid bond in the form of any of the
				  documents described in this paragraph may be accepted as a "bid guarantee."
(A) A performance bond on the part of the
				  Subrecipient for 100% of the contract price. A "performance bond" is one
				  executed in connection with a contract, to secure fulfillment of all
				  obligations under such contract.
(B) A payment bond on the part of the
				  subcontractor/vendor for 100% of the contract price. A "payment bond" is one
				  executed in connection with a contract to assure payment as required by statute
				  of all persons supplying labor and material in the execution of the work
				  provided for in the contract.
(C)
				  Where bonds are required, in the situations described herein, the bonds shall
				  be obtained from companies holding certificates of authority as acceptable
				  sureties pursuant to 31 CFR Part 223, "Surety Companies Doing Business with the
				  United States."