| (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 paragraph (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.
(h) Pre-agreement costs. The Administrator may be reimbursed
for eligible administrative and Activity soft costs incurred before
the effective date of the RSP Agreement in accordance with 24 CFR §92.212
and at the sole discretion of the Department. In no event will the
Department reimburse expenses incurred more than six months prior
to the effective date of the RSP Agreement.
(i) Administrator must remain in good standing with
the Department, the state of Texas, and HUD. If an Administrator is
not in good standing, participation in the Reservation System will
be suspended and may result in termination of the RSP Agreement.
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