|(a) Fair Housing. In addition to Chapter 1, Subchapter
B of this title (relating to Accessibility and Reasonable Accommodations),
an Administrator must comply with all applicable state and federal
rules, statutes, or regulations, involving accessibility including
the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973,
Title II of the Americans with Disabilities Act, and the Architectural
Barriers Act as well as state and local building codes that contain
accessibility requirements; where local, state, or federal rules are
more stringent, the most stringent rules shall apply. Administrators
receiving Federal or state funds must comply with the Age Discrimination
Act of 1975.
(b) Preferences. Administrators of the Amy Young Barrier
Removal Program may have a preference prioritizing Households to prevent
displacement from permanent housing, or to foster returning to permanent
housing related to inaccessible features of the unit.
(c) Waitlist Policy. An Administrator receiving Federal
funds must have a Waitlist Policy. The Waitlist Policy must be submitted
to the Department each time the Administrator applies for a new contract
or a new type of activity. The Administrator may submit a previously
approved Waitlist Policy if no changes need to be made. The Waitlist
Policy must be submitted at a minimum of every three years if the
Administrator continues to accept new Applications. An Administrator
receiving Federal funds must submit a Waitlist Policy with an Affirmative
Fair Housing Marketing Plan as described in subsection (d) of this
section, relating to Affirmative Marketing and Procedures.
(1) A Waitlist Policy must include any Department approved
preferences used in selecting Applicants from the list. An Administrator
that has defined preferences in its written waitlist procedures or
tenant selection plans, as applicable, will employ preferences first
and select Applicants from the waiting list that meet the defined
preference, still using the neutral random selection process. An Administrator
of a federally funded Program may only request to establish preferences
that are included in Department planning documents, specifically the
One Year Action Plan or Consolidated Plan, or as otherwise allowed
for CDBG funded Activities.
(2) An Administrator must accept Applications from
possible eligible Applicants for a minimum of a 21 calendar day period.
A first-come, first-served basis may not be implemented during initial
selection. At the close of the minimum 21 calendar day Application
acceptance period, an Administrator must select Applications through
a neutral random selection process that the Administrator described
in its written policies and procedures. After the Administrator has
allowed for the minimum 21 calendar day period to accept Applications
and has used a neutral random selection process to assist Households,
the Administrator may accept Applications on a first-come, first-served
basis if funds remain in the current contract or Activity type. The
Director of Programs, or designee, may approve an exemption from the
21 calendar day period and the neutral random selection process for
Administrators of HOME disaster set-aside Tenant Based Rental Assistance,
as necessary to respond to the disaster.
(d) Affirmative Marketing and Procedures. An Administrator
receiving Federal funds must have an Affirmative Fair Housing Marketing
Plan (AFHMP) and satisfy the requirements of this subsection. The
AFHMP must be submitted to the Department each time the Administrator
applies for a new contract or a new type of activity, and reflect
marketing activities specific to the activity type. The Administrator
may submit a previously approved AFHMP if no changes need to be made.
The plan must be submitted at least one time in any three-year period
if the Administrator continues to accept new Applications.
(1) Administrators must use the AFHMP form on the Department's
website, HUD Form 935.2B, or create an equivalent AFHMP that includes:
(A) Identification of the population "least likely
to apply" for the Administrator's Program(s) without special outreach
efforts. Administrators may use the Department's single family affirmative
marketing tool to determine populations "least likely to apply." If
Administrators use another method to determine the populations "least
likely to apply" the AFHMP must provide a detailed explanation of
the methodology used. Persons with Disabilities must always be included
as a population least likely to apply.
(B) Identification of the methods of outreach that
will be used to attract persons identified as least likely to apply.
Outreach methods must include identification of a minimum of three
organizations with whom the Administrator plans to conduct outreach,
and whose membership or clientele consists primarily of protected
class members in the groups least likely to apply. If the Administrator
is unable to locate three such groups, the reason must be documented
in the file.
(C) Identification of the methods to be used for collection
of data and periodic evaluation to determine the success of the outreach
efforts. If efforts have been unsuccessful, the Administrator's AFHMP
should be revised to include new or improved outreach efforts.
(D) Description of the fair housing trainings required
for Administrator staff, including delivery method, training provider
and frequency. For programs involved in homebuyer transactions, training
must include requirements of the Fair Housing Act relating to financing
and advertising, expected real estate broker conduct, as well as redlining
and zoning for all programs, and discriminatory appraisal practices.
(E) A description of applicable housing counseling
programs and educational materials that will be offered to Applicants.
An Administrator offering any TDHCA Mortgage Loan utilizing federal
funds must require that Households receive housing counseling prior
to the date of the Mortgage Loan closing. Housing counseling may take
place in-person or by telephone. Counseling may be provided online
only if it is customized to the individual Household. Counseling must
address pre- and/or post-purchase topics, as applicable to the Borrower's
needs. A certificate of completion of counseling must be dated not
more than 12 months prior to the date of submission of Mortgage Loan
Application. For an Applicant who will receive construction assistance
from a federally funded Program on or after August 1, 2021, housing
counseling must be provided by HUD-certified counselors working for
agencies participating in HUD's Housing Counseling Program.
(A) Affirmative marketing is required as long as an
Administrator of federal funds is accepting Applications or until
all dwelling units are sold in the case of single family homeownership
(B) An Administrator that currently has an existing
list of Applicants and is not accepting new Applications or establishing
a waitlist is not required to affirmatively market until preparing
to accept new Applications, but must develop a plan as described in
(C) An Administrator providing assistance in more than
one Service Area must provide a separate plan for each market area
in which the housing assistance will be provided.
(D) Administrators must include the Equal Housing Opportunity
logo and slogan on any commercial and other media used in marketing
(E) Copies of all outreach and media ads must be kept
and made available to the Department upon request.
(e) Mobility Counseling. An Administrator offering
homeownership or rental assistance that allows the Household to relocate
from their current residence must provide the Household access to
mobility counseling. For homeownership, mobility counseling may be
included in housing counseling and education trainings, and must cover
the criteria noted in paragraphs (1) - (3) of this subsection.
(1) Mobility counseling must, at a minimum, include
easily understandable information that the Household can use in determining
areas of opportunity within a Service Area, which must at minimum
include the following: which areas have lower poverty rates, average
income information of different areas, school ratings, crime statistics,
available area services, public transit, and other items the Administrator
deems appropriate in helping the Household make informed choices when
(2) Mobility counseling may be offered online or in-person,
and must be customized for the Household.
(3) An Administrator must collect signed certifications
from Applicants acknowledging they have received mobility counseling.
(f) Denials. In the case of any Applicant's denial
from a program, a letter providing the specific reason for the denial
must be provided to the Applicant within fourteen calendar days of
the denial. Administrators must keep a record of all denied Applicants
including the basis for denial. Such records must be retained for
the record retention period described by the Agreement or other sources.
(g) Notice to Applicants. Administrator must provide
Applicants with eligibility criteria, which shall include the procedures
for requesting a reasonable accommodation to the Administrator's rules,
policies, practices, and services, including but not limited to, as
it relates to the Application process.
(h) A copy of all Reasonable Accommodation requests
and the Administrator's compliant responses to such requests, in accordance
with §1.204 of this title (relating to Reasonable Accommodations),
must be kept as stated in §1.409 of this title (relating to Records
(i) Provisions Related to Limited English Proficiency.
(1) Administrator must have a Language Access Plan
that ensures persons with Limited English Proficiency (LEP) have meaningful
access and an equal opportunity to participate in services, activities,
programs, and other benefits.
(2) Materials that are critical for ensuring meaningful
access to an Administrator's major activities and programs, including
but not limited to Applications, mortgage loan Applications, consent
forms and notices of rights, should be translated for any population
considered least likely to apply that meets the threshold requirements
of Safe Harbor LEP provisions as provided by HUD and published on
the Department's website. Materials considered critical for ensuring
meaningful access should be outlined in the Administrator's Language
(3) The Administrator is required to translate Vital
Documents under Safe Harbor guidelines, they must include in their
Language Access Plan how such translation services will be provided
(e.g., whether the Administrator will use voluntary or contracted
qualified translation services, telephonic services, or will identify
bilingual staff that will be available to assist Applicants in completing
vital documents and/or accessing vital services). If the Administrator
plans to use bilingual staff in its translation services, contact
information for bilingual staff members must be provided.
(4) The Language Access Plan must be submitted to the
Department upon request and be available for review during monitoring
visits. HUD and the Department of Justice have issued requirements
to ensure meaningful and appropriate access to programs for LEP individuals.
(5) Administrators must offer reasonable accommodations
information and Fair Housing rights information in both English and
Spanish, and other languages as required by the inclusion of "least
likely to apply" groups to reach populations identified as least likely
(j) The Waitlist Policy and AFHMP, any documentation
supporting the plans, and any changes made to the plans, must be kept
in accordance with recordkeeping requirements for the specific Program,
and in accordance with 10 TAC §1.409 (relating to Records Retention).