| (a) The purpose of this section is to highlight certain
policies and/or procedures that are required to have written documentation.
Other items that are required for written standards are included in
the federal or state rules.
(b) Participant selection criteria:
(1) Selection criteria will be applied in a manner
consistent with all applicable laws, including the Texas and Federal
Fair Housing Acts, program guidelines, and the Department's rules.
(2) If the local CoC has adopted priority for certain
Homeless subpopulations or a specific funding source has a statutory
or regulatory preference, then those subpopulations may be given priority
by the Subrecipient. Such priority must be listed in the participant
selection criteria.
(3) Notifications on denial, non-renewal, or termination
of Assistance must:
(A) State that a Person with a Disability may request
a reasonable accommodation in relation to such notice.
(B) Include any appeal rights the participant may have
in regards to such notice.
(C) Inform Program Participants in any denial, non-renewa,l
or termination notice information on rights they may have under VAWA
(for ESG only, in accordance with the Violence Against Women Reauthorization
Act of 2022 (VAWA) protections). Subrecipient may not deny admission
on the basis that the applicant has been a victim of domestic violence,
dating violence, sexual assault, or stalking.
(c) Other policies and procedures:
(1) Affirmative Fair Housing Marketing Plan. Subrecipients
providing project-based rental assistance must have an Affirmative
Fair Housing Marketing Plan created in accordance with HUD requirements
to direct specific marketing and outreach to potential tenants who
are considered "least likely" to know about or apply for housing based
on an evaluation of market area data. Subrecipient must comply with
HUD's Affirmative Fair Housing Marketing and the Age Discrimination
Act of 1975.
(2) Language Access Plan. A Subrecipient that interacts
with Program Participants must create a Language Access Plan for Limited
English Proficiency (LEP) Requirements. Consistent with Title VI and
Executive Order 13166, Subrecipient is also required to take reasonable
steps to ensure meaningful access to programs and activities for LEP
persons.
(3) Affirmative Outreach. If it is unlikely that outreach
will reach persons of any particular race, color, religion, sex, age,
national origin, familial status, or disability who may qualify for
those facilities and services, the Subrecipient must establish policies
and procedures that target outreach to those persons. Subrecipient
must take appropriate steps to ensure effective communication with
persons with disabilities including, but not limited to, adopting
procedures that will make available to interested persons information
concerning the location of assistance, services, and facilities that
are accessible to persons with disabilities. Subrecipient must make
known that use of the facilities, assistance, and services that are
available to all on a nondiscriminatory basis.
(4) Reasonable Accommodation. Subrecipient must comply
with state and federal fair housing and antidiscrimination laws. Subrecipient's
policies and procedures must address Reasonable Accommodation, including,
but not limited to, consideration of Reasonable Accommodations requested
to apply for assistance. See Chapter 1, Subchapter B of this title,
relating to Accessibility and Reasonable Accommodations, for more
information.
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