(a) Compliance with 811 PRA requirements will be monitored
at least once every three years, either through an onsite review or
a desk review. During the review, Department staff will monitor for
compliance with program eligibility which includes the following:
(1) The household must include at least one person
with a disability and who is 18 years of age or older and less than
62 years of age at the time of admission into the Development; and
the person with a disability must be part of one or more of the target
populations for the 811 program.
(2) The household's income is less than the extremely
low income limit at move in.
(3) The Owner must check the following criminal history
related to drug use of the household. Households in the 811 PRA program
must not include:
(A) Any member(s) who was evicted in the last three
years from federally assisted housing for drug-related criminal activity;
(B) Any member that is currently engaged in illegal
use of drugs or for which the Owner has reasonable cause to believe
that a member's illegal use or pattern of illegal use of a drug may
interfere with the health, safety, and right to peaceful enjoyment
of the property by other residents; and
(C) Any member who is subject to a State sex offender
lifetime registration requirement.
(4) Student Status. If the household includes a student,
the student must meet all of the criteria described in HUD handbook
4350.3 par. 3-13B, as modified by the September 21, 2016, Federal
Register Notice 5969-N-01.
(b) Noncompliance will be cited if the Development:
(1) Leased a Unit to a household that is not qualified
for the 811 PRA program in accordance with the requirements of subsection
(a)(1) - (4) of this section;
(2) Fails to Use the Enterprise Income Verification
system:
(A) EIV summary report;
(B) EIV income report;
(C) EIV income discrepancy report;
(D) EIV No income reported;
(E) EIV no income report by health and human services
or social security administration;
(F) EIV new hires report;
(G) Existing tenant search;
(H) Multiple Subsidy report;
(I) Failed EIV pre-screening report;
(J) Failed verification report;
(K) Deceased tenants report;
(L) Owner approval letter authorizing access to EIV
for the EIV coordinators;
(M) EIV Coordinator Access Authorization form (CAAF);
(N) The rules of behavior for staff that use EIV reports/data
to perform their job functions; and
(O) Cyber awareness challenge certificates of completion
for anyone that uses EIV or has access to EIV data (annually);
(3) Fails to properly document and calculate deductions
in order to determine adjusted income (dependent, child care, disability
assistance, elderly/disabled family, unreimbursed medical expenses);
(4) Fails to use the required HUD forms listed in §10.612(d)
of this subchapter;
(5) Accepts funding that limits the ability for the
Department to place the agreed upon number of 811 Units at the Development;
(6) Violates §1.15 of this title (relating to
Integrated Housing);
(7) Fails to properly calculate the tenant portion
of rent;
(8) Fails to properly calculate the tenant security
deposit;
(9) Fails to use the HUD model lease;
(10) Egregiously fails to disperse 811 PRA Units throughout
the Development;
(11) Fails to conduct required interim certifications;
(12) Fails to conduct annual income recertification;
(13) Fails to prominently display 11 x 14 sized, as
required by 24 CFR Part 110, Fair Housing Poster HUD-928.1 (English),
HUD 928.1A (Spanish), and in other languages as required by Limited
English Proficiency Requirements;
(14) Improperly charges an application or late fee;
(15) Fails to issue HUD notices as required; or
(16) Failure to issue utility allowance reimbursement
in accordance with §8.4 of this title (relating to Qualification
Requirements for Existing Developments) and specification outlined
in §10.625 of this title (relating to Events of Noncompliance).
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Source Note: The provisions of this §10.624 adopted to be effective February 11, 2019, 44 TexReg 560; amended to be effective May 17, 2020, 45 TexReg 3036; amended to be effective November 3, 2022, 47 TexReg 7271 |