Texas Administrative Code
Title 10 - COMMUNITY DEVELOPMENT
Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
Chapter 1 - ADMINISTRATION
Subchapter A - GENERAL POLICIES AND PROCEDURES
Section 1.1 - Reasonable Accommodation Requests to the Department
Universal Citation: 10 TX Admin Code ยง 1.1
Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose. The purpose of this section is to establish the procedures by which a Requestor may ask that a Reasonable Accommodation is made to the Department. For rules governing the handling of reasonable accommodation requests and responsibilities of entities receiving funds or resources from the Department see Subchapter B, § RSA 1.204 of this Chapter, relating to Reasonable Accommodations. This rule is statutorily authorized by Tex. Gov't Code, RSA 2306.066(e), which requires the Executive Director to prepare a written plan to provide persons with disabilities an opportunity to participate in the Department's programs, and in accordance with the Fair Housing Act, and other federal and state civil rights laws.
(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Board--The Governing Board of the Texas
Department of Housing and Community Affairs.
(2) Disability--A physical or mental
impairment that substantially limits one or more major life activities; or
having a record of such an impairment; or being regarded as having such an
impairment. Included in this meaning is the term handicap as defined in the
Fair Housing Act, or the term disability as defined in the Americans with
Disabilities Act.
(3) Fair Housing
Act--Fair Housing Act of 1968, also known as Title VIII of the Civil Rights Act
of 1968.
(4) Program Manager or
Director--Department staff member supervising the division or area of a
division containing the program for which a Reasonable Accommodation is being
requested.
(5) Reasonable
Accommodation--An accommodation and/or modification that is an alteration,
change, exception, or adjustment to a program, policy, service, building, or
dwelling unit, that will allow a qualified person with a Disability to:
(A) Participate fully in a program;
(B) Take advantage of a service;
(C) Live in a dwelling; or
(D) Use and enjoy a dwelling.
(6) Requestor--Includes
applicants, members of the public, clients of Department programs, program
participants, or their representatives.
(7) Section 504--Section 504 of the
Rehabilitation Act of 1973, as amended.
(c) Procedures.
(1) The Requestor of the Reasonable
Accommodation shall submit a request to the Division Manager or Director or
their designee. A request does not have to be in writing. A request can be made
in a face-to-face conversation with a Division Manager or Director or their
designee, or using any other method of communication. A request is any
communication in which an individual clearly asks or states that they need the
Department to provide or to change something because of a Disability.
(2) The request, whether oral or written,
must contain, at minimum:
(A) The Department
program or procedure for which an accommodation is being requested;
(B) Household information to include name,
address, phone number and email address, if available;
(C) Description of the Reasonable
Accommodation being requested; and
(D) Reason the Reasonable Accommodation is
necessary.
(E) In the case of oral
requests, the Division Manager or Director will create a written summary of the
request.
(3) The
Division Director may coordinate with the Department's Fair Housing subject
matter experts as needed. The supervising Director may ask for additional
information from the Requestor. Staff should address Reasonable Accommodations
requests promptly. If making the requested Reasonable Accommodation would
require the Department to incur an expense, the Division Director will first
confirm that the Reasonable Accommodation expense will not cause the Division
to exceed their approved budget or, if additional measures beyond those within
budget are required, that they are promptly considered and a compliant decision
made. Upon having the applicable information, the Division Director or Manager
and Fair Housing subject matter experts, as needed, will determine:
(A) If the proposed Reasonable Accommodation
is covered under Section 504 and/or the Fair Housing Act, or any other federal
or state law; and
(B) Whether to
approve the request, or recommend to the Executive Director an alternative
Reasonable Accommodation or denial. Any approval that would require Board
action will first be presented to the Executive Director.
(4) If not approved as requested or if the
approval requires Board action, the request and recommendation will then be
sent to the Executive Director or their designee, resulting in one of the
following steps:
(A) The Executive Director
proposes an alternative Reasonable Accommodation to the Requestor;
(B) The Executive Director concurs that Board
action is necessary and presents the request and recommendation at an ensuing
Board meeting. The Executive Director can choose to include a recommendation
for or against the request; or
(C)
The Executive Director denies the request. In the case of a denial, the
Requestor can ask that their request be placed on the agenda for the next
available Board meeting for a final Board determination.
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