| (8) Notice to Vacate and Nonrenewal. Owners are required
to notify the Department at least three calendar days prior to issuing
a Notice to Vacate or a Notice of Non-Renewal to the Eligible Family.
Notices must be compliance with HUD Handbook 4350.3 8-13(B)(2) and
HUD Notices. A copy of the applicable Notice must be submitted via
email to 811info@tdhca.state.tx.us.
(A) Owner is required to notify the Department within
seven calendar days of when the Development is notified that the Eligible
Family will vacate or in the event that the Eligible Family vacates
without notice, upon discovery that the Assisted Unit is vacant. Notification
of vacancy must be submitted to 811info@tdhca.state.tx.us.
(B) Upon move out, Owner must submit a move out disposition
to the Department to ensure proper processing of the security deposit
per HUD Handbook 4350.3 6-18.
(m) Construction Standards, Inspections, Repair and
Maintenance, and Accessibility.
(1) Construction Standards. Upon execution of a RAC,
the Eligible Multifamily Property shall be required to conform to
Uniform Physical Conditions Standards (UPCS) which are uniform national
standards established by HUD for housing that is decent, safe, sanitary,
and in good repair. The site, building exterior, building systems,
dwelling units and common areas of the Eligible Multifamily Property,
as more specifically described in 24 CFR §5.703, must be inspected
in any physical inspection of the property.
(2) Inspection. Prior to occupancy, the Eligible Tenant
must be given the opportunity to be present for the move-in unit inspection.
(3) Repair and Maintenance. Owner will perform all
repair and maintenance functions, including ordinary and extraordinary
maintenance; will replace capital items; and will maintain the premises
and equipment, appurtenant thereto, in good repair, safe and sanitary
condition consistent with HUD and Department requirements.
(4) Accessibility. Owner must ensure that the Eligible
Multifamily Property meets or exceeds the accessibility requirements
under 24 CFR Part 8, which implements Section 504 of the Rehabilitation
Act of 1973; the Fair Housing Act Design Manual; Titles II and III
of the Americans with Disabilities Act (42 U.S.C. §§12131
- 12189), as implemented by the U.S. Department of Justice regulations
at 28 CFR Parts 35 and 36; and the Federal Fair Housing Act as implemented
by HUD at 24 CFR Part 100. However, Assisted Units can consist of
a mix of accessible units for those persons with physical disabilities
and non-accessible units for those persons without physical disabilities.
(n) Owner Training. The Owner is required to train
all property management staff engaging with Eligible Families on the
requirements of the Program. Owner training must include, but is not
limited to the HUD Handbook 4350.3 and the Department's webpage at
https://www.tdhca.state.tx.us/section-811-pra/index.htm.
(o) Reporting Requirements. Owner shall submit to the
Department such reports on the operation and performance of the Program
as required by the Participation Agreement and as may be required
by the Department. Owner shall provide the Department with all reports
necessary for the Department's compliance with 24 CFR Part 5, or any
other federal or state law or regulation.
(p) Environmental Laws and Regulations.
(1) Compliance with Laws and Regulations. Owner must
comply with, as applicable, any federal, state, or local law, statute,
ordinance, or regulation, whether now or hereafter in effect, pertaining
to health, industrial hygiene, or the environmental conditions on,
under, or about the Land or the Improvements, including without limitation,
the following, as now or hereafter amended:
(A) Hazardous Materials Transportation Act (49 U.S.C.A. §1801
et seq.);
(B) Insecticide Fungicide and Rodenticide Act (7 U.S.C.A. §136
et seq.);
(C) National Environmental Policy Act (42 U.S.C. §4321
et seq.) (NEPA);
(D) Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.A. §9601 et seq.) (CERCLA),
as amended by the Superfund Amendments and Reauthorization Act of
1986 (Pub. L. No. 99-499, 100 Stat. 1613, as amended Pub. L. No. 107-377)
(Superfund or SARA);
(E) Resource, Conservation and Recovery Act (24 U.S.C.A. §6901
et seq.) (RCRA);
(F) Toxic Substances Control Act, (15 U.S.C.A. §2601
et seq.);
(G) Emergency Planning and Community Right to Know
Act of 1986 (42 U.S.C.A. §1101 et seq.);
(H) Clean Air Act (42 U.S.C.A. §7401 et seq.)
(CAA);
(I) Federal Water Pollution Control Act and amendments
(33 U.S.C.A. §1251 et seq.) (Clean Water Act or CWA);
(J) Any corresponding state laws or ordinances including
but not limited to Chapter 26 of the Texas Water Code regarding Water
Quality Control;
(K) Texas Solid Waste Disposal Act (Chapter 361 of
the Texas Health & Safety Code, formerly Tex. Rev. Civ. Stat.
Ann. Art. 4477-7);
(L) Comprehensive Municipal Solid Waste Management,
Resource Recovery, and Conservation Act (Chapter 363 of the Texas
Health & Safety Code);
(M) County Solid Waste Control Act (Chapter 364 of
the Texas Health & Safety Code);
(N) Texas Clean Air Act (Chapter 382 of the Texas Health &
Safety Code);
(O) Hazardous Communication Act (Chapter 502 of the
Texas Health & Safety Code); and
(P) Regulations, rules, guidelines, or standards promulgated
pursuant to such laws, statute and regulations, as such statutes,
regulations, rules, guidelines, and standards, as amended from time
to time.
(2) Environmental Review. The environmental effects
of each activity carried out with funds provided under this Agreement
must be assessed in accordance with the provisions of the Program
Requirements, National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. §432 et seq.). Each such activity must have an environmental
review completed and support documentation prepared in accordance
with §11.305 of this title (relating to complying with the NEPA,
including screening for vapor encroachment following American Society
for Testing and Materials (ASTM) 2600-10.
(q) Labor Standards.
(1) Owner understands and acknowledges that every contract
for the construction (rehabilitation, adaptive reuse, or new construction)
of housing that includes 12 or more units assisted with Program funds
must contain provisions in accordance with Davis-Bacon Regulations.
(2) Owner understands and acknowledges that every contract
involving the employment of mechanics and laborers of said construction
shall be subject to the provisions, as applicable, of the Contract
Work Hours and Safety Standards Act, as amended (40 U.S.C. §§3701
to 3708), Copeland (Anti-Kickback) Act (40 U.S.C. §3145), the
Fair Labor Standards Act of 1938, as amended (29 U.S.C. §201,
et seq.) and Davis-Bacon and Related Acts (40 U.S.C. §§3141
- 3148).
(3) Owner further acknowledges that if more housing
units are constructed than the anticipated 11 or fewer housing units,
it is the Owner's responsibility to ensure that all the housing units
will comply with these federal labor standards and requirements under
the Davis-Bacon Act as supplemented by the U.S. Department of Labor
regulations ("Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction" at 29 CFR Part 5).
(4) Owner also understands that structuring the proposed
assistance for the rehabilitation or construction of housing under
this Agreement to avoid the applicability of the Davis-Bacon Act is
prohibited.
(5) Construction contractors and subcontractors must
comply with regulations issued under these federal acts described
herein, with other federal laws, regulations pertaining to labor standards,
including but not limited to "Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction"
at 29 CFR Part 5, HUD Federal Labor Provisions (HUD form 4010).
(r) Lead-Based Paint. Housing assisted with Program
funds is subject to the Lead-Based Paint Poisoning Prevention Act
(42 U.S.C. §§4821 - 4846), the Residential Lead-Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. §§4851 - 4856),
and implementing regulations Title X of the 1992 Housing and Community
Development Act at 24 CFR Part 35, (including subparts A, B, J, K,
M and R). Owner shall also comply with the Lead: Renovation, Repair,
and Painting Program Final Rule, 40 CFR Part 745 and Response to Children
with Environmental Intervention Blood Lead Levels. Failure to comply
with the lead-based paint requirements may be subject to sanctions
and penalties pursuant to 24 CFR §35.170.
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