| (a) Purpose. The U.S. Department of Housing and Urban
Development (HUD) requires that the Texas Department of Housing and
Community Affairs (the Department), in its role as a public housing
authority (PHA) administering a Housing Choice Voucher (HCV) program,
adopt a clear approach to accepting applications, placing households
on the waiting list, and selecting households from the waiting list.
This rule provides the Department's policies for taking applications,
managing the waiting list and selecting households for HCV assistance
specifically for its 34-county jurisdictional area.
(b) Applicability.
(1) This rule is applicable only to the specific geographically
limited jurisdiction of the Department. This jurisdictional area is
comprised of discrete areas within counties (currently 34), but may
be expanded or reduced upon action of the Board. The jurisdictional
area reflected on the Department's website will serve as the jurisdictional
area for the purpose of this rule.
(2) This rule does not apply to the waiting list for
statewide Project Access vouchers which is addressed in §5.801
of this chapter (relating to Project Access Initiative). The rule
does not address the specific waiting list process for project-based
vouchers administered by the Department or for VASH vouchers administered
by the Department. Should any special purpose vouchers be received
by the Department that serve specific populations or geographic areas
other than the geographically limited jurisdiction of the Department
referenced in paragraph (1) of this subsection, these waiting lists
policies are not required to be utilized. Additionally, certain households
might be accepted into the HCV program if required by 24 CFR §982.203,
or at the direction of HUD, as directed by a court of law, or as part
of a TDHCA conciliation agreement.
(c) Definitions and HUD Regulations.
(1) While the HUD regulations in 24 CFR Parts 5, §§903
and 982 use the word "family," in order to be consistent with other
rules in this Part, this rule will use the word "household." Both
words are intended to have the same meaning.
(2) Nothing in this rule is intended to conflict with
federal statutes or regulations that govern the HCV assistance. If
HUD mandates a process or procedure to be used for application or
waiting list management that is not identified in this rule, the Department
will follow HUD's direction and will amend this rule as soon as practicable.
(d) Outreach and Affirmative Marketing.
(1) HUD regulations require that all households have
an equal opportunity to apply for and receive housing assistance,
and that the PHA affirmatively further fair housing goals in the administration
of the program (24 CFR §982.53).
(2) The Department will conduct sufficient outreach
to ensure that a sufficient number of applications will be received.
HUD requires that at least 75% of the households served by the Department
are extremely low-income households, and therefore the Department
may need to conduct special outreach to ensure that an adequate number
of extremely low-income households apply for assistance. All outreach
will specify the number of households that will be accepted onto the
waiting list.
(3) All outreach efforts relating to the opening of
the waiting list will take place at least 7 calendar days prior to
the first day of the application acceptance period, but no longer
than 45 calendar days prior to the first day of the application acceptance
period.
(4) Prior to performing outreach efforts for the opening
of the waiting list, the Department will analyze the characteristics
of the population being served by the program and the characteristics
of the population as a whole in the PHA's jurisdiction to identify
underserved populations. Targeted outreach efforts will be undertaken
if a comparison suggests that certain populations are underrepresented
in the program. Outreach materials will be provided in English, Spanish,
and any other language as determined by a 4-factor analysis within
each county service area.
(5) Outreach efforts will include:
(A) marketing through press releases to local newspapers,
including minority newspapers;
(B) communicating with councils of governments, regional
planning councils, and community action agencies, whose jurisdictions
include any one of the counties in the jurisdiction of the Department,
to:
(i) request that they distribute informational materials
and flyers to their clients;
(ii) offer training so that they can assist households
with submitting an online application; and
(iii) request that they make available a computer or
web interface for clients to apply;
(C) developing partnerships with other organizations
that serve the low-income population and agencies that provide services
to elderly persons, people with disabilities, and people with Limited
English proficiency (LEP); and
(D) clear guidance on how a person with a disability
can request a reasonable accommodation for the application process.
(6) The Department will maintain a designated telephone
number where interested persons can receive specific directions on
how and when to apply.
(e) Application.
(1) The Department will utilize an electronic application
process available in multiple languages.
(2) Any household that wishes to receive HCV assistance
must apply for admission to the program.
(3) All applications must be received through the Department's
online application tool. Applications received in the mail or by hand
delivery will not be considered.
(4) To be placed on the waiting list only an initial
pre-application is required to be submitted. However, the Department
may elect to skip the pre-application and use only the full application.
Only when an applicant is being pulled from the waiting list to be
offered a voucher will a full application submission be required.
Form HUD-92006, Supplement to Application for Federally Assisted Housing,
must be submitted as an attachment to the Department's full application.
A household must submit the completed pre-application or application
to ensure that the Department receives the information needed to determine
the household's eligibility.
(5) Application Acceptance Period. Applications will
be accepted for a 14 calendar day period.
(6) Individuals who have a disability which would prevent
them from making an application online may call the Department to
make special arrangements so that Department staff can complete their
application in time to be included in the lottery process. A Telecommunications
Device for the Deaf (TDD) is available for the deaf.
(f) Placement on Waiting List.
(1) No applicant has a right or entitlement to be listed
on the waiting list, or to any particular position on the waiting
list (24 CFR §982.202(c)).
(2) Placement on the waiting list does not indicate
that the household is, in fact, eligible for assistance. A final determination
of eligibility will be made when the household is selected from the
waiting list.
(3) Creation of Waiting List. The Department will establish
a single waiting list for its jurisdictional area. The Department
will announce in its outreach documents the total number of households
it will place on its waiting list. Except for households on a project-based
waiting list, all households that are on a special purpose waiting
list at the beginning of the application acceptance period and that
wish to live in the Department's jurisdictional area will be placed
first on the jurisdictional waiting list based on the time they have
been on the special purpose waiting list (i.e. oldest time on any
special purpose waiting list gets assigned the first number). All
other applications received during the application acceptance period
will be assigned a number using a random number generator, called
a lottery process. These applications will then be placed in numerical
order according to that assigned number. The Department will then
place applicants on the waiting list up to the number of households
the Department announced it would accept on its waiting list in rising
numerical order (inclusive of the households automatically placed
on the jurisdictional waiting list because they were on a special
purpose waiting list at the beginning of the application acceptance
period). All other applications not within the number being accepted
on the wait list will not be placed on the waiting list. All applications
submitted will be notified in writing of having been added to the
waiting list and their number ranking, or that they were not placed
on the waiting list.
Cont'd... |
