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TITLE 10COMMUNITY DEVELOPMENT
PART 1TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CHAPTER 10UNIFORM MULTIFAMILY RULES
SUBCHAPTER FCOMPLIANCE MONITORING
RULE §10.626Liability

(a) Full compliance with all applicable program requirements, including compliance with §42 of the Code, is the responsibility of the Development Owner. If the Development Owner engages a third party to address any such requirements, they are jointly and severally liable with the Development Owner. By monitoring for compliance, the Department in no way assumes any liability whatsoever for any action or failure to act by the Development Owner, including the Development Owner's noncompliance with §42 of the Code, the Fair Housing Act, §504 of the Rehabilitation Act of 1973, HOME program regulations, Bond program requirements, and any other laws, regulations, requirements, or other programs monitored by the Department.

(b) On March 23, 2018, the average income test became an option under the housing tax credit program. Sections of this subchapter reflect how the Department will monitor for compliance. If the IRS provides a different interpretation, it is controlling of how the Department must address any aspects under the Internal Revenue Code.


Source Note: The provisions of this §10.626 adopted to be effective February 11, 2019, 44 TexReg 560

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