|(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, §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
(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,
or of Single Family Dwelling Unit in Chapter 20 of this title, or
Dwelling Unit in Chapter 7 of this title, as determined by the applicable
(c) Applicability. This rule applies to:
(1) All Multifamily Developments subject to Chapter
11 of this title, Chapter 12 of this title (relating to Multifamily
Housing Revenue Bond Rules), and Chapter 13 of this title (relating
to Multifamily Direct Loan Rule), with the exclusion of Transitional
(2) Single Family Developments subject to Chapter 23,
Subchapter F, Single Family Development Program, of this title (relating
to Single HOME Program), §7.3 of this title, or done with Neighborhood
Stabilization Program funds, with the exclusion of Shelters, Transitional
Housing, and Scattered-site developments, meaning one to four family
dwellings located on sites that are on non-adjacent lots, with no
more than four units on any one site; and
(3) Only the restrictions or set asides placed on Units
through a Contract, LURA, or financing source that limits occupancy
to Persons with Disabilities. This rule does not prohibit a Development
from having a higher percentage of actual occupants who are Persons
(4) Previously awarded Multifamily Developments that
would no longer be compliant with this rule are not considered to
be in violation of the percentages described in subsection (d)(2)
or subsection (d)(3) of this section if the award is made prior to
September 1, 2018, and the restrictions or set asides were already
on the Development or adopted in the Application for the Development.
(d) Integrated Housing Standard. Units exclusively
set aside or containing a preference for Households with Disabilities
must be dispersed throughout a Development.
(1) A Development may not market or restrict occupancy
solely to Households with Disabilities unless required by a federal
(2) Developments with 50 or more Units shall not exclusively
set aside more than 25% of the total Units in the Development for
Households with Disabilities.
(3) Developments with fewer than 50 Units shall not
exclusively set aside more than 36% of the Units in the Development
for Households with Disabilities.
(e) Board Waiver. The Board may waive the requirements
of this rule if the Board can affirm that the waiver of the rule is
necessary to serve a population or subpopulation that would not be
adequately served without the waiver, and that the Development, even
with the waiver, does not substantially deviate from the principle
of Integrated Housing.
|Source Note: The provisions of this §1.15 adopted to be effective September 27, 2018, 43 TexReg 6264; amended to be effective May 16, 2019, 44 TexReg 2357; amended to be effective March 4, 2021, 46 TexReg 1367