Terms defined in this chapter apply to the 811 PRA Program
administered by the Department. Any capitalized terms not specifically
mentioned in this section or any section referenced in this document
shall have the meaning ascribed to them in or for the purposes of
the Program Requirements or in Chapters 1, 2, 10, or 11 of the Texas
Administrative Code, as applicable.
(1) Assisted Units--rental units made available to
or occupied by an Eligible Tenant in Eligible Multifamily Properties
receiving assistance under 42 U.S.C. §8013(b)(3)(A).
(2) Contract Rent--the total amount of rent specified
in the Rental Assistance Contract (RAC) as payable to the Owner for
the Assisted Unit.
(3) Cooperative Agreement--the Section 811 Project
Rental Assistance Program Cooperative Agreement including all exhibits
and attachments thereto, by and between the Department as "Grantee"
and HUD, entered into as a condition to and in consideration of the
Department's participation in the Section 811 Project Rental Assistance
Program.
(4) Eligible Applicant--an Extremely Low-Income Person
with Disabilities, between the ages of 18 and 61 and who meets the
requirements of the Target Population, and Extremely Low Income Families,
which includes at least one Person with a Disability, who is between
the ages of 18 and 61 and who meets the requirements of the Target
Population, at the time of admission. The Person with a Disability
must be eligible for community-based, long-term care services as provided
through Medicaid waivers, Medicaid state plan options, comparable
state funded services or other appropriate services related to the
type of disability(ies) targeted under the Inter-Agency Partnership
Agreement.
(5) Eligible Families or Eligible Family--shall have
the same meaning as Eligible Tenant.
(6) Eligible Multifamily Property or Eligible Multifamily
Properties--any new or existing property owned by a private or public
nonprofit, or for-profit entity with at least five (5) housing units
and as specifically identified in a Participation Agreement.
(7) Eligible Tenant--an Eligible Applicant, also referred
to as an Eligible Family, who is being referred to available Assisted
Units in accordance with the Inter-Agency Partnership Agreement and
for whom community-based, long-term care services are available at
time of referral. Such services are voluntary; referral shall not
be based on willingness to accept such services. Eligible Tenant also
means an Extremely Low-Income Person with a Disability, between the
ages of 18 and 61 at the time of referral, who meets the requirements
of the Target Population and Extremely Low-Income Families, which
includes at least one Person with a Disability, who is between the
ages of 18 and 61 at the time of referral and who meets the requirements
of the Target Population.
(8) Enterprise Income Verification System (EIV)--a
HUD web-based application which provides Owners with employment, unemployment
and Social Security benefit information for tenants participating
in U.S. Department of Housing and Urban Development assisted housing
programs.
(9) Existing Development--for purposes of 811 PRA Program
participation, a property within the Department's Multifamily Program
Applicant's portfolio that is not actively applying for multifamily
award at the time, and is being considered to serve as the Eligible
Multifamily Property as part of an Applicant's or an Affiliate's current
multifamily application. For full applications made on or after January
1, 2018, Existing Developments do not include properties for which
the only Ownership interest is through the participation of a Historically
Underutilized Business, which owns less than 50% of an Existing Development.
(10) Extremely Low-Income--a household whose annual
income does not exceed thirty percent (30%) of the median income for
the area, as determined by HUD's Extremely-Low Income Limit: families
whose incomes do not exceed the higher of The Federal Poverty Level;
or 30 percent of Area Median Income, as determined by HUD, with adjustments
for smaller and larger families, except that HUD may establish income
ceilings higher or lower than thirty percent (30%) of the median income
for the area if HUD finds that such variations are necessary because
of unusually high or low family incomes. HUD's income exclusions,
as defined under 24 CFR §5.609 (as amended), apply in determining
income eligibility and Eligible Tenant's rent.
(11) HUD--the U. S. Department of Housing and Urban
Development.
(12) Inter-Agency Partnership Agreement--the Inter-Agency
Partnership Agreement between TDHCA and State Health and Human Services
Medicaid Agency(ies) that provides a formal structure for collaboration
to participate in TDHCA's Section 811 Project Rental Assistance Program
to develop permanent supportive housing for Extremely Low-Income Persons
with Disabilities.
(13) Multifamily Rules--Chapters 10, 11, and/or 13
of this Title, as applicable.
(14) Owner--the entity that owns the Eligible Multifamily
Property. Additionally, Owner means the entity named as such in the
Property Agreement, its successors, and assigns.
(15) Owner & Property Management Manual--a set
of guidelines designed to be an implementation tool for the Program,
which allows the Owner and the Owner's designated property manager
to better administer the Program, which also includes adherence to
the "Owner Occupancy Requirements" set forth in Section IV of HUD
Notice H 2013-24.
(16) Participation Agreement--(also known as Property
Agreement) agreement to be executed by the Owner and the Department
reflecting the agreement of participation in the Section 811 Project
Rental Assistance Program with regards to a given number of assisted
housing units on a certain multifamily rental housing property.
(17) Persons with Disability or Persons with Disabilities--shall
have the same meaning as defined under 42 U.S.C. §8013(k)(2)
and 24 CFR §891.305.
(18) Program--The Department's Section 811 Project
Rental Assistance Program under Section 811 of the Cranston-Gonzales
National Affordable Housing Act (42 U.S.C. §8013(b)(3)(A)), as
amended by the Frank Melville Supportive Housing Investment Act of
2010 (Public Law 111-374) designed to provide permanent supportive
housing for Extremely Low-Income persons with disabilities receiving
long term supports and services in the community.
(19) Program Requirements--means but is not limited
to: the Participation Agreement; Tex. Gov't Code Ann. Chapter 2306;
the applicable state program rules under Title 10, Chapters 1, 2,
and 8 of the Texas Administrative Code; the Owner & Property Management
Manual; the Cooperative Agreement; HUD Notice 2013-24 issued on August
23, 2013; Section 811 of the Cranston-Gonzales National Affordable
Housing Act (42 U.S.C. §8013(b)(3)(A)), as amended by the Frank
Melville Supportive Housing Act of 2010 (Public Law 111-374; Consolidated
and Further Continuing Appropriations Act of 2012 (Public Law 112-55);
Notice of Funding Availability (NOFA) for Fiscal Year 2012 Section
811 Project Rental Assistance Program published on May 15, 2012; (NOFA)
for Fiscal Year 2013 Section 811 Project Rental Assistance Program
published on March 4, 2014, for Fiscal Year 2019 Project Rental Assistance
Section 811 Program for Persons with Disabilities published on October
8, 2019, and Technical Corrections to NOFA; and all laws applicable
to the Program.
(20) Proposed Development--the Development proposes
to be awarded funds or an allocation as part of a Multifamily application.
(21) Rental Assistance Contract (RAC)--the HUD contract
(form HUD-92235-PRA and form HUD-92237-PRA) by and between the Department
and the Owner of the Eligible Multifamily Property which sets forth
additional terms, conditions and duties of the Parties with respect
to the Eligible Multifamily Property and the Assisted Units.
(22) Rental Assistance Payments--the payment made by
the Department to Owners as provided in the Rental Assistance Contract.
Where the Assisted Units are leased to an Eligible Tenant, the payment
is the difference between the Contract Rent and the Tenant Rent. An
additional payment is made to the Eligible Tenant when the Utility
Allowance is greater than the Total Tenant Payment. A vacancy payment
may be made to the Owner when an Assisted Unit is vacant, in accordance
with the RAC and other Program Requirements.
(23) Target Population--the specific group or groups
of Eligible Applicants and Eligible Tenants described in the Department's
Inter-Agency Partnership Agreement who are intended to be solely served
or to be prioritized under the Department's Program.
(24) Tenant Rent--the rent as defined in 24 CFR Part
5.
(25) Total Tenant Payment--the payment as defined in
24 CFR Part 5.
(26) Use Agreement--an agreement by and between the
Department and Owner in the form prescribed by HUD under Exhibit 10
of the Cooperative Agreement (form HUD-92238-PRA) encumbering the
Eligible Multifamily Property with restrictions and guidelines under
the Program for operating Assisted Units during a thirty (30) year
period, to be recorded in the official public property records in
the county where the Eligible Multifamily Property is located.
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