Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose. It is
the purpose of this section to provide a standard by which Developments funded
by the Department offer an integrated housing opportunity for Households with
Disabilities. This rule is authorized by Tex. Gov't Code, §
RSA
2306.111(g) that
promotes projects that provide integrated affordable housing.
(b) Definitions. The following words and
terms, when used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1)
Capitalized words used herein have the meaning assigned in the specific
Chapters and Rules of this Part that govern the program associated with the
funded or awarded Development, or assigned by federal or state law.
(2) Households with Disabilities--A Household
composed of one or more persons, at least one of whom is an individual who is
determined to have 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 disability as defined by
other applicable federal or state law.
(3) Integrated Housing--Living arrangements
typical of the general population. Integration is achieved when Households with
Disabilities have the option to choose housing units that are located among
units that are not reserved or set aside for Households with Disabilities.
Integrated Housing is distinctly different from assisted living
facilities/arrangements.
(4)
Unit--has the meaning in Chapter 11 of this title (relating to Qualified
Allocation Plan (QAP)), or of Single Family Dwelling Unit in Chapter 20 of this
title (relating to Single Family Programs Umbrella Rule), or Dwelling Unit in
Chapter 7 of this title (relating to Construction Activities), as determined by
the applicable funding source.
(c) Applicability. This rule applies to:
(1) All Multifamily Developments subject to
Chapter 11 of this title, Chapter 12 of this title (relating to Multifamily
Housing Revenue Bond Rules), and Chapter 13 of this title (relating to
Multifamily Direct Loan Rule), with the exclusion of Transitional Housing
Developments;
(2) Single Family
Developments subject to Chapter 23, Subchapter F, Single Family Development
Program, of this title (relating to Single Family HOME Program), §
RSA
7.3 of this title, or done with Neighborhood
Stabilization Program funds, with the exclusion of Shelters, Transitional
Housing, and Scattered-site developments, meaning one to four family dwellings
located on sites that are on non-adjacent lots, with no more than four units on
any one site; and
(3) Only the
restrictions or set asides placed on Units through a Contract, LURA, or
financing source that limits occupancy to Persons with Disabilities. This rule
does not prohibit a Development from having a higher percentage of actual
occupants who are Persons with Disabilities.
(4) Previously awarded Multifamily
Developments that would no longer be compliant with this rule are not
considered to be in violation of the percentages described in subsection (d)(2)
or subsection (d)(3) of this section if the award is made prior to September 1,
2018, and the restrictions or set asides were already on the Development or
proposed in the Application for the Development.
(d) Integrated Housing Standard. Units
exclusively set aside or containing a preference for Households with
Disabilities must be dispersed throughout a Development.
(1) A Development may not market or restrict
occupancy solely to Households with Disabilities unless required by a federal
funding source.
(2) Developments
with 50 or more Units shall not exclusively set aside more than 25% of the
total Units in the Development for Households with Disabilities.
(3) Developments with fewer than 50 Units
shall not exclusively set aside more than 36% of the Units in the Development
for Households with Disabilities.
(e) Board Waiver. The Board may waive the
requirements of this rule if the Board can affirm that the waiver of the rule
is necessary to serve a population or subpopulation that would not be
adequately served without the waiver, and that the Development, even with the
waiver, does not substantially deviate from the principle of Integrated
Housing.
