(a) The Department will provide written notice to the
Owner if the Department discovers through monitoring, review, resident
complaint, or any other manner that the Development is not in compliance
with the provisions of this subchapter. A 90 day Corrective Action
Period will be provided. Documentation of correction must be received
during the Corrective Action Period for an Event of Noncompliance
to be considered corrected during the Corrective Action Period. The
Department may extend the Corrective Action Period for up to six months
from the date of the notice to the Development Owner only if there
is good cause for granting an extension and the owner requests an
extension during the original 90 day Corrective Action Period, and
the request would not cause the Department or the Owner to miss a
federal deadline. Requests for an extension may be submitted to: fair.housing@tdhca.state.tx.us.
(b) If an Owner submits evidence of corrective action
during the Corrective Action Period that addresses each issue, but
does not fully address all issues, the Department will give the Owner
written notice and an additional 10 calendar day period to submit
evidence of full corrective action.
(c) If communications to the Owner under this subchapter
have a pattern of being returned to the Department as refused, unclaimed,
or undeliverable, the Development may be considered not in compliance
without further notice to the Owner. The Owner is responsible for
providing the Department with current contact information, including
address(es) (physical and electronic) and phone number(s). The Owner
must also provide current contact information to the Department as
required by §1.22 of this title (relating to Providing Contact
Information to the Department), and ensure that such information is
at all times current and correct.
(d) The Department will rely solely on the information
supplied by the Owner in the Department's web-based Compliance Monitoring
and Tracking System (CMTS) for notifications under this subchapter.
It is the Owner's sole responsibility to ensure at all times that
such information is current, accurate, and complete. Correspondence
sent to the email or physical address shown in CMTS will be deemed
delivered to the Owner. Correspondence from the Department may be
directly uploaded to the property's CMTS account using the secure
electronic document attachment system. Once uploaded, notification
of the attachment will be sent electronically to the email address
listed in CMTS. The Department is not required to send a paper copy,
and if it does so it does as a voluntary and non-precedential courtesy
only.
(e) Events of Noncompliance identified in the evaluation
of the requirements of this subchapter will be those specified in §10.625
of this title (relating to Events of Noncompliance).
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