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RULE §10.624Compliance Requirements for Developments with 811 PRA Units

(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.

Source Note: The provisions of this §10.624 adopted to be effective February 11, 2019, 44 TexReg 560; amended to be effective May 17, 2020, 45 TexReg 3036

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