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RULE §10.624Compliance Requirements for Developments with 811 PRA Units

(a) 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.

(b) 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 (a)(1) - (4) of this section;

  (2) Fails to Use the Enterprise Income Verification system:

    (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);

  (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;

  (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;

  (13) Fails to prominently display 11 x 14 sized, 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;

  (14) Improperly charges an application or late fee;

  (15) Fails to issue HUD notices as required; or

  (16) Failure to issue utility allowance reimbursement in accordance with §8.4 of this title (relating to Qualification Requirements for Existing Developments) and specification outlined in §10.625 of this title (relating to Events of Noncompliance).

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; amended to be effective November 3, 2022, 47 TexReg 7271

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