| (a) One hundred and eighty days prior to the date an
Owner expects to begin leasing, Developments that have agreed to rent
Units to households assisted by Section 811 PRA must contact Department
staff and begin accepting referrals. Failure to reserve the agreed
upon number of Units for 811 households will be cited as noncompliance,
be referred for administrative penalties, and be considered possible
grounds for debarment.
(b) Throughout the term of an 811 PRA Use Agreement,
Owners must maintain the required number of 811 PRA households, and
provide notice to the Department when an 811 PRA household is expected
to vacate. Notice must be provided within seven calendar days of when
the Development is notified that the household will vacate or in the
event that the resident vacates without notice, upon discovery that
the unit is vacant. Failure to notify the Department will be cited
as noncompliance and will be referred to the Enforcement Committee
to be considered for possible administrative penalties and may be
proposed for debarment, in accordance with the Enforcement Rule under
10 TAC Chapter 2.
(c) 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.
(d) 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
(c)(1) - (4) of this section;
(2) Fails to Use the Enterprise Income Verification
system for documenting the household's income;
(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 or the following forms when applicable:
(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);
(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;
or
(13) Fails to prominently display, 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.
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