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RULE §10.612Tenant File Requirements

(a) At the time of program designation as a low income household, typically at initial occupancy, Owners must create and maintain a file that at a minimum contains:

  (1) A Department approved Income Certification form signed by all adults. At the time of program designation as a low income household, Owners must certify and document household income. In general, all low-income households must be certified prior to move in. The Department requires the use of the TDHCA Income Certification form, unless the Development also participates in the Rural Development or a Project Based HUD Program, in which case, the other program's Income Certification form will be accepted;

  (2) Documentation to support the Income Certification form including, but not limited to, applications, first hand or third party verification of income and assets, and documentation of student status (if applicable). Beginning January 1, 2021, the application must provide a space for applicants to indicate if they are a veteran. In addition, the application must include the following statement: "Important Information for Former Military Services Members. Women and men who served in any branch of the United States Armed Forces, including Army, Navy, Marines, Coast Guard, Reserves or National Guard, may be eligible for additional benefits and services. For more information please visit the Texas Veterans Portal at https://veterans.portal.texas.gov/;

  (3) The Department permits Owners to use check stubs or other firsthand documentation of income and assets provided by the applicant or household in lieu of third party verification forms. It is not necessary to first attempt to obtain a third party verification form. Owners should scrutinize these documents to identify and address any obvious attempts at forgery, alteration, or generation of falsified documents; and

  (4) A lease with all necessary addendums to ensure that compliance with applicable federal regulations and §10.613 of this subchapter (relating to Lease Requirements).

(b) Annually thereafter on the anniversary date of the household's move in or initial designation:

  (1) Throughout the Affordability Period, all Owners of Housing Tax Credit, TCAP, and Exchange Developments must collect and maintain current data on each household that includes the number of household members, age, ethnicity, race, disability status, and rental assistance (if any). This information can be collected on the Department's Annual Eligibility Certification form or the Income Certification form or HUD Income Certification form or USDA Income Certification form.

  (2) During the Compliance Period for all Housing Tax Credit, TCAP, and Exchange Developments and throughout the Affordability Period for all Bond developments and HOME, and TCAP RF Developments, Owners must collect and maintain current student status data for each low-income household. This information must be collected within 120 days before the anniversary of the effective date of the original student verification and can be collected on the Department's Annual Eligibility Certification or the Department's Certification of Student Eligibility form or the Department's Income Certification form. Throughout the Compliance Period for HTC, TCAP, and Exchange developments, low-income households comprised entirely of full-time students must qualify for a HTC program exception, and supporting documentation must be maintained in the household's file. For Bond Developments, if the household is not an eligible student household, it may be possible to re-designate the full-time student household to an Eligible Tenant (ET). For HOME and TCAP RF Developments, an individual does not qualify as a low income or very low income family if the individual is a student who is not eligible to receive Section 8 assistance under 24 CFR §5.612.

  (3) The types of Developments described in subparagraphs (A) - (D) of this paragraph are required to recertify annually the income of each low-income household using a Department approved Income Certification form and documentation to support the Income Certification (see subsection (a)(1) - (2) of this section):

    (A) Mixed income Housing Tax Credit, TCAP and Exchange projects (as defined by line 8(b) of IRS Form(s) 8609 and accompanying statements, if any) that have not completed the 15 year Compliance Period.

    (B) All Bond Developments with less than 100% of the units set aside for households with an income less than 50% or 60% of area median income.

    (C) THTF Developments with Market Rate units. However, THTF Developments with other Department administered programs will comply with the requirements of the other program.

    (D) HOME, TCAP RF, and NHTF Developments. Refer to subsection (c) of this section.

(c) Ongoing tenant file requirements for HOME, TCAP RF, and NHTF Developments:

  (1) HOME, TCAP RF, and NHTF Developments must complete a recertification with verifications of each assisted Unit every sixth year of the Development's affordability period. The recertification is due on the anniversary of the household's move-in date. For purposes of this section the beginning of a HOME, TCAP RF and NHTF Development affordability period is the effective date in the HOME, TCAP RF, and NHTF LURA. For example, a HOME Development with a LURA effective date of May 2011, will have the years of the affordability determined in Example 612(1):

    (A) Year 1: May 15, 2011 - May 14, 2012;

    (B) Year 2: May 15, 2012 - May 14, 2013;

    (C) Year 3: May 15, 2013 - May 14, 2014;

    (D) Year 4: May 15, 2014 - May 14, 2015;

    (E) Year 5: May 15, 2015 - May 14, 2016;

    (F) Year 6: May 15, 2016 - May 14, 2017;

    (G) Year 7: May 15, 2017 - May 14, 2018;

    (H) Year 8: May 15, 2018 - May 14, 2019;

    (I) Year 9: May 15, 2019 - May 14, 2020;

    (J) Year 10: May 15, 2020 - May 14, 2021;

    (K) Year 11: May 15, 2021 - May 14, 2022; and

    (L) Year 12: May 15, 2022 - May 14, 2023.

  (2) In the scenario described in paragraph (1) of this subsection, all households in HOME, TCAP RF, and NHTF Units must be recertified with source documentation during the sixth and twelfth years or between May 15, 2016, to May 14, 2017, and between May 15, 2022, and May 14, 2023.

  (3) In the intervening years the Development must collect a self certification by the effective date of the original Income Certification from each household that is assisted with HOME, TCAP RF, and NHTF funds. The Development must use the Department's Income Certification form, unless the property also participates in the Rural Development or a project Based HUD program, in which case, the other program's Income Certification form will be accepted. If the household reports on their self certification that their annual income exceeds the current 80% applicable income limit or there is evidence that the household's written statement failed to completely and accurately provide information about the household's characteristics and/or income, then an annual income recertification with verifications is required.

(d) Tenant File requirements for Section 811 PRA Units. Files for households assisted under the Section 811 program must document the household's eligibility for the program, the deductions for which the household qualifies and the following HUD forms:

  (1) Section 811 Project Rental Assistance Application;

  (2) Verification of disability, HUD 90102;

  (3) House Rules;

  (4) Move in move out inspection form HUD 90106, or TDHCA Section 811 Waiver of Move-in;

  (5) Tenant acknowledgement of the Fact Sheet "How your rent is determined";

  (6) Tenant acknowledgement of Resident Rights and Responsibilities;

  (7) Tenant acknowledgement of EIV and You Brochure;

  (8) Verification of Age;

  (9) Verification of Social Security number;

  (10) Screening for drug abuse and other criminal activity;

  (11) 811 Tenant Selection Plan;

  (12) Supplement to Application for Federally Assisted Housing: Form 92006;

  (13) Annual Recertification Initial Notice;

  (14) Annual Recertification First Reminder Notice;

  (15) Annual Recertification Second Reminder Notice;

  (16) Annual Recertification Third Reminder Notice;

  (17) Race and Ethnic Data Reporting form: HUD 27061-H;

  (18) HUD 9887 and HUD 9887-A;

  (19) Annual Unit inspection;

  (20) Owner's Certification of Compliance with HUD's Tenant Eligibility and Rent Procedures: HUD form 50059; and

  (21) HUD Model lease 92336-PRA.

Source Note: The provisions of this §10.612 adopted to be effective February 11, 2019, 44 TexReg 560; amended to be effective May 17, 2020, 45 TexReg 3036

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