Current through Reg. 49, No. 52; December 27, 2024
(a)
Participation in the 811 PRA Program is encouraged and may be incentivized
through the Department's Rules and NOFAs. Once committed in the Multifamily
Application, a Development must not accept a fund source that would prevent it
from participating in the 811 PRA Program.
(b) An Existing Development that is already
participating in the 811 PRA Program is eligible to have an additional
commitment of 811 PRA Units as long as the integrated housing requirements as
noted in §
8.3(c) of this
chapter (relating to Participation as a Proposed Development) are not
violated.
(c) The types (e.g.,
accessible, one bedroom, first floor, etc.) and the specific number of Assisted
Units (e.g., units 101, 201, etc.) will be "floating" (flexible) and dependent
on the needs of the Department and the availability of the Assisted Units on
the Eligible Multifamily Property.
(d) Occupancy Requirements. Owner is required
to follow all applicable Program Requirements including but not limited to the
following occupancy requirements found in HUD Handbook 4350.3 REV-1 and Housing
Notices:
(1) H 2012-06, Enterprise Income
Verification (EIV) System;
(2) H
2012-26, Extension of Housing Notice 2011-25, Enterprise Income Verification
(EIV) & You Brochure-Requirements for Distribution and Use;
(3) H 2012-22, Further Encouragement for O/As
to Adopt Optional Smoke-Free Housing Policies;
(4) H 2012-11, State Registered Lifetime Sex
Offenders in Federally Assisted Housing;
(5) H 2012-09, Supplemental Information to
Application for Assistance Regarding Identification of Family Member, Friend or
Other Persons or Organization Supportive of a Tenant for Occupancy in HUD
Assisted Housing;
(6) H 2017-05,
Violence Against Women Act (VAWA) Reauthorization Act of 2013, Additional
Guidance for Multifamily Owners and Management Agents, as revised by
FHEO-2023-01, Notice to Public Regarding FHEO Enforcement Authority and
Procedures: Violence Against Women Act 2022 (VAWA);
(7) H 2022-01, Carbon Monoxide Alarms or
Detectors in U.S. Housing and Urban Development (HUD) -Assisted Housing;
(8) H 2023-10, Implementation
Guidance: Sections 102 and 104 of the Housing Opportunity Through Modernization
Act of 2016 (HOTMA); and
(9) H
2013-24, Section 811 Project Rental Assistance (PRA) Occupancy Interim
Notice.
(e) Use
Agreements. The Owner must execute the Use Agreement at the execution of the
RAC and comply with the following:
(1) Use
Agreement must be properly recorded according to local laws in the official
public records on the Eligible Multifamily Property. The Owner shall provide to
the Department within 30 days of its receipt of the recorded Use Agreement, a
copy of the executed, recorded Use Agreement.
(2) From the date the Property Agreement is
entered into, the Owner shall not enter into any future use agreements or other
subsidy programs that would diminish the number of Assisted Units that can be
placed on the Eligible Multifamily Property.
(3) The Department will enforce the
provisions of the Use Agreement and RAC consistent with HUD's internal control
and fraud monitoring requirements.
(f) TRACS & EIV, Reporting, Tenant
Certifications and Compliance.
(1) TRACS
& EIV Systems. The Owner shall have appropriate methods to access the
Tenant Rental Assistance Certification System (TRACS) and the EIV System. The
Owner shall be responsible for ensuring Program information is entered into
these systems. TRACS is the only system by which an Eligible Multifamily
Property can request Project Rental Assistance payments.
(2) EIV Policies and Procedures. Upon the
execution of a RAC, the Owner must submit a copy of the property's EIV Policies
and Procedures to the Department for review. If deficiencies are identified,
the Owner will be required to correct and resubmit to the Department until all
deficiencies have been properly corrected.
(3) Outside Vendors. The Owner has the right
to refuse assistance from outside vendors hired by the Department, but is still
required to satisfy the Program Requirements.
(4) Tenant Certification. The Owner shall
transmit Eligible Tenant's certification and recertification data, transmit
voucher data, and communicate errors electronically in a form consistent with
HUD reporting requirements for HUD Secure Systems.
(5) Compliance Reviews. The Department's
Compliance Division will conduct a monitoring review in conjunction with the
review of any other Department administered housing program layered with the
Development. If the Development is layered with Housing Tax Credits and has
exceeded the 15-year Federal Compliance Period, monitoring reviews of the
Program will still be conducted at least every three years.
(6) The Department will review the Property's
Tenant Selection Plan and Criteria, as defined by and in accordance with §
10.802 of this chapter (relating
to Written Policies and Procedures).
(g) Tenant Selection and Screening.
(1) Target Population. The Department will
screen Eligible Applicants for compliance with the Department's Program Target
Population criteria and do an initial screening for Program Requirements. The
Inter-Agency Partnership Agreement describes the specific Target Population
eligible for the Department's Program. The Target Population may be revised,
with HUD approval.
(2) Tenant
Eligibility and Selection. The Owner is responsible for ultimate eligibility
and selection of an Eligible Tenant and will comply with the following:
(A) The Owner must accept referrals of an
Eligible Tenant from the Department and retain copies of all applications
received. The Owner is responsible for notifying the prospective Eligible
Tenant and the Department in writing regarding any denial of a prospective
Eligible Tenant's application to an Eligible Multifamily Property and the
reason for said denial. In the notice of denial, the Owner is responsible for
notifying the Eligible Tenant of the right to dispute a denial, as outlined in
HUD Handbook 4350.3. The results of the dispute must be sent to the Eligible
Tenant and the Department in writing.
(B) The Owner is responsible for determining
age of the qualifying member of the Eligible Families. Eligible Family member
must be at least 18 years of age and under the age of 62.
(C) The Owner is responsible for criminal
background screening as required by HUD Handbook 4350.3.
(D) Verification of Income, Assets, and
Deductions. The Owner is responsible for determining income of Eligible
Families. The Owner shall verify income through the Enterprise Income
Verification (EIV) System per HUD Handbook 4350.3 and HUD Notices. The Owner
must certify an Eligible Tenant and Eligible Families at least annually and
verify their income. Use of the EIV system as third party verification is not
acceptable for the Housing Tax Credit or Multifamily Direct Loan
Program.
(h)
Rental Assistance Contracts.
(1)
Applicability. If requested by the Department, the Owner shall enter into a
RAC. Not all properties with an Owner Participation Agreement will have a RAC,
but when notified by the Department, the Eligible Multifamily Property must
enter into a RAC(s) and begin serving Eligible Applicants.
(2) Notice. The Department will provide
written notice to the Owner if and when it intends to enter into a RAC with the
Owner.
(3) Assisted Units. The
Department will determine the number of Units (up to the maximum listed in the
Property Agreement) to place in the RAC(s) which may be fewer than the number
of Units identified in the Property Agreement.
(4) The Department will designate the bedroom
composition of the Assisted Units, as required by the RAC. However, based on an
actual Eligible Tenant, this may fluctuate. It is possible that an Eligible
Multifamily Property will have a RAC for fewer units than the number committed
in the Participation Agreement.
(5)
If no additional applicants are referred to the Development, the Department may
begin a RAC amendment to reduce the number of Assisted Units. An Owner who has
an amended, executed RAC must continue to notify the Department of units that
become vacant that are committed under the Agreement.
(6) Amendments. The Owner agrees to amend the
RAC(s) upon request of the Department. Some examples are amendments that may
either increase or decrease the total number of Assisted Units or increase or
decrease the associated bedroom sizes; multiple amendments to the RAC may occur
over time. The total number of Assisted Units in the RAC will not exceed the
number of Assisted Units committed in the Participation Agreement, unless by
request of the Owner.
(7) Contract
Term. The Department will specify the effective date of the RAC. During the
first year of the RAC and with approval from HUD, the Owner may request to
align the anniversary date of the RAC with existing federal or state housing
programs layered on the Eligible Multifamily Property.
(8) Rent Increase. Owners must submit a
written request to the Department 30 days prior to the anniversary date of the
RAC to request an annual increase.
(9) Utility Allowance. The RAC will identify
the Department approved Utility Allowance used for the Assisted Units for the
Eligible Multifamily Property. The Owner must notify the Department if there
are changes to the Utility Allowance calculation methodology being
used.
(10) Termination. Although
the Department has discretion to terminate a RAC due to good cause, an Owner
cannot opt-out of a RAC. The RAC survives a foreclosure, assignment, sale in
lieu of foreclosure, or sale of the Eligible Multifamily Property to the extent
allowed by law.
(11) Foreclosure of
Eligible Multifamily Property. Upon foreclosure, assignment, sale in lieu of
foreclosure, or sale of the Eligible Multifamily Property to the extent allowed
by law:
(A) The RAC shall be transferred to
new owner by contractual agreement or by the new owner's consent to comply with
the RAC, as applicable;
(B) Rental
Assistance Payments will continue uninterrupted in accordance with the terms of
the RAC; and
(C) Voluntary and
involuntary transfers or conveyances of property must adhere to the ownership
transfer process in §
10.406 of this title (relating to
Ownership Transfers (§2306.6713)).
(i) Advertising and Affirmative Marketing.
(1) Advertising Materials. Upon the execution
of the Property Agreement, the Owner must provide materials for the purpose of
advertising the Eligible Multifamily Property, including but not limited to:
(A) Depictions of the units including floor
plans;
(C) Tenant selection criteria;
(E) Number and size of available
units;
(F) Number of units with
accessible features (including, but not limited to units designed to meet
Uniform Federal Accessibility Standards, the Fair Housing Act, or the Americans
with Disabilities Act);
(G)
Documentation on access to transportation and commercial facilities;
and
(H) A description of onsite
amenities.
(2)
Affirmative Marketing. The Department and its service partners are responsible
for affirmatively marketing the Program to Eligible Applicants.
(3) At any time, the Department may choose to
advertise the Eligible Multifamily Property, even if the Eligible Multifamily
Property has not yet entered into a RAC.
(j) Leasing Activities.
(1) Segregation of Assisted Units. The Owner
must take actions or adopt procedures to ensure that the Assisted Units are not
segregated to one area of a building (such as on a particular floor or part of
a floor in a building) or in certain sections within the Eligible Multifamily
Property.
(2) Form of Lease. The
Owner will use the HUD Section 811 PRA Model Lease (HUD-92236-PRA), Exhibit 11
of the Cooperative Agreement and any Department approved Addendums, for all
Eligible Families once a RAC is signed. The initial lease will be for not less
than one year.
(3) Communication.
Owners are required to document in writing all communication between the
Eligible Tenant and the Owner, or Owner-designated agent regarding
applications, notifications, evictions, complaints, non-renewals and move
outs.
(4) Lease Renewals and
Changes. The Owner must notify the Department of renewals of leases with
Eligible Families and any changes to the terms of the lease.
(5) Development Policies. Upon the execution
of the RAC, an Owner is required to submit a copy of the Development Policies
(House Rules) to the Department for review. If deficiencies are noted, the
Development will be required to correct and resubmit to the Department until
all deficiencies have been properly corrected. The Owner is required to send a
copy of amendments to the House Rules to the Department before implementing
changes.
(k) Rent.
(1) Tenant Rent Payment. The Owner will
determine the Tenant Rent payment of the Eligible Tenant, based on HUD Handbook
4350.3 and HUD Notices, and is responsible for collecting the Tenant Rent
payment.
(2) Utility Reimbursement.
The Owner is responsible for remitting any Tenant Rent payment due to the
Eligible Tenant if the Utility Allowance exceeds the Total Tenant Payment no
later than the 5th day of each month, beginning 30 days after initial move
in.
(3) Rent Increase. Owner must
provide the Eligible Tenant with at least 30 days notice before increasing
rent, in accordance with HUD Handbook 4350.3.
(4) Rent Restrictions. Owner will comply with
the following rent restrictions:
(A) If a
Unit at the Development has a Department enforced rent restriction that is
equal to or lower than Fair Market Rent (FMR), the initial rent is the maximum
Department enforced rent restriction for that Unit, not to exceed the 60% Area
Median Family Income limit.
(B) If
there is no existing Department enforced rent restriction on the Unit, or the
existing Department enforced rent restriction is higher than FMR, the
Department will work with the Owner to conduct a market analysis of the
Eligible Multifamily Property to support that a rent higher than FMR is
attainable.
(C) After the signing
of the original RAC with the Department, the Owner may request a new
anniversary date to be consistent with other rent restrictions on the Eligible
Multifamily Property allowed by the Department.
(D) After the signing of the original RAC,
upon request from the Owner to the Department, Rents may be adjusted on the
anniversary date of the RAC.
(E)
Adjustments may not result in higher rents charged for an Assisted Unit as
compared to a non-assisted unit. The calculation or methodology used for the
annual increase amount will be identified in the Eligible Multifamily
Property's RAC.
(F) Owner can
submit a request for a rent increase or to change the contract anniversary date
using HUD Form 92458.
(l) Vacancy; Household Changes; Transfers;
Eviction.
(1) Holding Assisted Units. Once an
Owner signs a RAC, the Eligible Multifamily Property must hold an available
Assisted Unit for 60 days while a qualified Eligible Applicant applies for and
moves into the Assisted Unit.
(2)
Notification. Owner will notify the Department of determination of
ineligibility or the termination of any participating Eligible Families or any
member of a participating Eligible Family.
(3) Initial Lease-up. Owners of a newly
constructed, acquired and/or rehabilitated Eligible Multifamily Property must
notify the Department no later than 180 days before the Eligible Multifamily
Property will be available for initial move-in. Failure to reserve the agreed
upon number of Assisted Units for Eligible Families will be cited as
noncompliance, be referred for administrative penalties, and be considered
possible grounds for Debarment.
(4)
Vacancy. Upon execution of the RAC, the Owner must notify the Department of any
vacancy of an Assisted Unit at the Eligible Multifamily Property as soon as
possible, not to exceed seven calendar days from when the Owner becomes aware
of the eligible Unit availability. Once the Department acknowledges receipt of
the notice, the Department will notify the Owner within three business days if
the Unit is acceptable and submit a referral. If the qualifying Eligible Tenant
vacates the Assisted Unit, the Department will determine if the remaining
family member(s) is eligible for continued assistance from the
Program.
(5) Vacancy Payment. The
Department may provide vacancy payments that cannot exceed 80% of the Contract
Rent for up to 60 days from the effective date of the RAC. After the 60 days,
the Owner may lease the Assisted Unit to a non-Eligible Tenant. Developments
without an executed RAC are not eligible for vacancy payments.
(6) Household Changes. Owner will notify the
Department of any changes in family composition in an Assisted Unit within
three business days. If the change results in the Assisted Unit being smaller
or larger than is appropriate for the Eligible Family size, the Owner must
refer to the Department's written policies regarding family size, unit
transfers and waitlist management. If the Department discovers the Eligible
Family is ineligible for the size of the Assisted Unit, the Owner will be
notified but Rental Assistance Payments will not be reduced or terminated until
the Eligible Family can be transferred to an appropriate sized Assisted
Unit.
(7) Transfers. Owner must
notify the Department if the Eligible Family requests a transfer to another
Assisted Unit within the Development. The Department will determine if the
Eligible Family qualifies for the unit transfer, if the new Unit is eligible as
an Assisted Unit and then notify the Owner. If the Department determines the
Eligible Family is ineligible for the size of the Assisted Unit, the Department
will notify the Owner and Rental Assistance Payments will not be reduced or
terminated until the Eligible Family can be transferred to an appropriate sized
Assisted Unit.
(8) Notice to Vacate
and Nonrenewal. Owners are required to notify the Department at least three
calendar days prior to issuing a Notice to Vacate or a Notice of Non-Renewal to
the Eligible Family. Notices must be compliance with HUD Handbook
4350.38-13(B)(2) and HUD Notices. A copy of the applicable Notice must be
submitted via email to 811info@tdhca.state.tx.us.
(A) Owner is required to notify the
Department within seven calendar days of when the Development is notified that
the Eligible Family will vacate or in the event that the Eligible Family
vacates without notice, upon discovery that the Assisted Unit is vacant.
Notification of vacancy must be submitted to
811info@tdhca.state.tx.us.
(B) Upon
move out, Owner must submit a move out disposition to the Department to ensure
proper processing of the security deposit per HUD Handbook 4350.3
6-18.
(m)
Construction Standards, Inspections, Repair and Maintenance, and Accessibility.
(1) Construction Standards. Upon execution of
a RAC, the Eligible Multifamily Property shall be required to conform to
National Standards for the Physical Standards of Real Estate (NSPIRE) which are
uniform national standards established by HUD for housing that is decent, safe,
sanitary, and in good repair. The site, building exterior, building systems,
dwelling units and common areas of the Eligible Multifamily Property, as more
specifically described in 24
CFR §
5.703, must be inspected in any
physical inspection of the property.
(2) Inspection. Prior to occupancy, the
Eligible Tenant must be given the opportunity to be present for the move-in
unit inspection.
(3) Repair and
Maintenance. Owner will perform all repair and maintenance functions, including
ordinary and extraordinary maintenance; will replace capital items; and will
maintain the premises and equipment, appurtenant thereto, in good repair, safe
and sanitary condition consistent with HUD and Department
requirements.
(4) Accessibility.
Owner must ensure that the Eligible Multifamily Property meets or exceeds the
accessibility requirements under 24 CFR Part 8, which implements Section 504 of
the Rehabilitation Act of 1973; the Fair Housing Act Design Manual; Titles II
and III of the Americans with Disabilities Act (42 U.S.C. §§
12131 -
12189), as implemented by the U.S.
Department of Justice regulations at 28 CFR Parts 35 and 36; and the Federal
Fair Housing Act as implemented by HUD at 24 CFR Part 100. However, Assisted
Units can consist of a mix of accessible units for those persons with physical
disabilities and non-accessible units for those persons without physical
disabilities.
(n) Owner
Training. The Owner is required to train all property management staff engaging
with Eligible Families on the requirements of the Program. Owner training must
include, but is not limited to the HUD Handbook 4350.3 and the Department's
webpage at https://www.tdhca.state.tx.us/section-811-pra/index.htm.
(o) Reporting Requirements. Owner shall
submit to the Department such reports on the operation and performance of the
Program as required by the Participation Agreement and as may be required by
the Department. Owner shall provide the Department with all reports necessary
for the Department's compliance with 24 CFR Part 5, or any other federal or
state law or regulation.
(p)
Environmental Laws and Regulations.
(1)
Compliance with Laws and Regulations. Owner must comply with, as applicable,
any federal, state, or local law, statute, ordinance, or regulation, whether
now or hereafter in effect, pertaining to health, industrial hygiene, or the
environmental conditions on, under, or about the Land or the Improvements,
including without limitation, the following, as now or hereafter amended:
(A) Hazardous Materials Transportation Act
(49 U.S.C.A. §1801 et seq.);
(B) Insecticide Fungicide and Rodenticide Act
(7 U.S.C.A. §
136 et seq.);
(C) National Environmental Policy Act
(42 U.S.C. §
4321 et seq.) (NEPA);
(D) Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.A. §
9601 et seq.) (CERCLA), as amended by the
Superfund Amendments and Reauthorization Act of 1986 (Pub. L. No. 99-499, 100
Stat. 1613, as amended
Pub. L.
No. 107-377) (Superfund or SARA);
(E) Resource, Conservation and Recovery Act
(24 U.S.C.A. §6901 et seq.) (RCRA);
(F) Toxic Substances Control Act,
(15 U.S.C.A. §
2601 et seq.);
(G) Emergency Planning and Community Right to
Know Act of 1986 (42
U.S.C.A. §
1101 et seq.);
(H) Clean Air Act (42 U.S.C.A. §
7401 et seq.) (CAA);
(I) Federal Water Pollution Control Act and
amendments (33 U.S.C.A.
§
1251 et seq.) (Clean Water Act or
CWA);
(J) Any corresponding state
laws or ordinances including but not limited to Chapter 26 of the Texas Water
Code regarding Water Quality Control;
(K) Texas Solid Waste Disposal Act (Chapter
361 of the Texas Health & Safety Code, formerly Tex. Rev. Civ. Stat. Ann.
Art. 4477-7);
(L) Comprehensive
Municipal Solid Waste Management, Resource Recovery, and Conservation Act
(Chapter 363 of the Texas Health & Safety Code);
(M) County Solid Waste Control Act (Chapter
364 of the Texas Health & Safety Code);
(N) Texas Clean Air Act (Chapter 382 of the
Texas Health & Safety Code);
(O) Hazardous Communication Act (Chapter 502
of the Texas Health & Safety Code); and
(P) Regulations, rules, guidelines, or
standards promulgated pursuant to such laws, statute and regulations, as such
statutes, regulations, rules, guidelines, and standards, as amended from time
to time.
(2)
Environmental Review. The environmental effects of each activity carried out
with funds provided under this Agreement must be assessed in accordance with
the provisions of the Program Requirements, National Environmental Policy Act
of 1969 (NEPA) (42 U.S.C.
§
432 et seq.). Each such activity must
have an environmental review completed and support documentation prepared in
accordance with §
11.305 of this title (relating to
complying with the NEPA, including screening for vapor encroachment following
American Society for Testing and Materials (ASTM) 2600-10.
(q) Labor Standards.
(1) Owner understands and acknowledges that
every contract for the construction (rehabilitation, adaptive reuse, or new
construction) of housing that includes 12 or more units assisted with Program
funds must contain provisions in accordance with Davis-Bacon
Regulations.
(2) Owner understands
and acknowledges that every contract involving the employment of mechanics and
laborers of said construction shall be subject to the provisions, as
applicable, of the Contract Work Hours and Safety Standards Act, as amended
(40 U.S.C. §§
3701 to
3708), Copeland (Anti-Kickback)
Act (40 U.S.C. §
3145), the Fair Labor Standards Act of 1938,
as amended (29 U.S.C. §
201, et seq.) and Davis-Bacon and Related
Acts (40 U.S.C. §§
3141 -
3148).
(3) Owner further acknowledges that if more
housing units are constructed than the anticipated 11 or fewer housing units,
it is the Owner's responsibility to ensure that all the housing units will
comply with these federal labor standards and requirements under the
Davis-Bacon Act as supplemented by the U.S. Department of Labor regulations
("Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction" at 29 CFR Part 5).
(4) Owner also understands that structuring
the proposed assistance for the rehabilitation or construction of housing under
this Agreement to avoid the applicability of the Davis-Bacon Act is
prohibited.
(5) Construction
contractors and subcontractors must comply with regulations issued under these
federal acts described herein, with other federal laws, regulations pertaining
to labor standards, including but not limited to "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"
at 29 CFR Part 5, HUD Federal Labor Provisions (HUD form
4010).
(r) Lead-Based
Paint. Housing assisted with Program funds is subject to the Lead-Based Paint
Poisoning Prevention Act (42
U.S.C. §§
4821 -
4846), the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. §§
4851 -
4856), and implementing
regulations Title X of the 1992 Housing and Community Development Act at 24 CFR
Part 35, (including subparts A, B, J, K, M and R). Owner shall also comply with
the Lead: Renovation, Repair, and Painting Program Final Rule, 40 CFR Part 745
and Response to Children with Environmental Intervention Blood Lead Levels.
Failure to comply with the lead-based paint requirements may be subject to
sanctions and penalties pursuant to
24 CFR §
35.170.
(s) Limited English Proficiency. Owner shall
comply with the requirements in Executive Order 13166 of August 11, 2000,
reprinted at 65 FR 50121, August 16, 2000, Improving Access to Services for
Persons with Limited English Proficiency and 67 FR 41455. To ensure compliance
the Owner must take reasonable steps to insure that LEP persons have meaningful
access to the program and activities. Meaningful access may entail providing
language assistance services, including oral and written translation, where
necessary.
(t) Procurement of
Recovered Materials. Owner, its subrecipients, and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or
the value of the quantity acquired by the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA
guidelines.
(u) Drug-Free
Workplace. Owner will follow the Drug-Free Workplace Act of 1988 (41 U.S.C §
701, et seq.) and HUD's implementing
regulations at 2 CFR Part 2429. Owner affirms by executing the Certification
Regarding Drug-Free Workplace Requirements attached hereto as Addendum B, that
it is implementing the Drug-Free Workplace Act of 1988.
(v) Equal Opportunity, Fair Housing,
Nondiscrimination, and Equal Access.
(1) Equal
Opportunity. The Owner agrees to carry out an Equal Employment Opportunity
Program in keeping with the principles as provided in President's Executive
Order 11246 of September 24, 1965, as amended, and its implementing regulations
at 41 CFR Part 60.
(2) Fair Housing
Poster. The Owner is required to place a fair housing poster (HUD-928.1 and
HUD-9281.A) provided by the Department in the leasing office, online, or
anywhere else rental activities occur pursuant to
24 CFR §
200.620(e). A copy of the
poster in Spanish and in English can be found at
http://www.tdhca.state.tx.us/section-811-pra/participating-agents.htm.
(3) Nondiscrimination Laws. Owner shall
ensure that no person shall, on the grounds of race, color, religion, sex,
disability, familial status, or national origin, be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under, any
Program or activity funded in whole or in part with funds provided under this
Agreement. Owner shall follow Title VI of the Civil Rights Act of 1964, as
amended (42 U.S.C. §
2000d et seq.), the Age Discrimination Act of
1975 (42 U.S.C. §
6101 et seq.) and its implementing
regulations at 24 CFR Part 146, Titles II and III of the Americans with
Disabilities Act (42 U.S.C.
§§
12131 -
12189;
47 U.S.C. §§
155,
201,
218 and
255) as implemented by U.S.
Department of Justice at 28 CFR Parts 35 and 36, Section 527 of the National
Housing Act (12 U.S.C. §1701z-22), the Equal Credit Opportunity Act
(15 U.S.C. §
1691 et seq.), the Equal Opportunity in
Housing (Executive Order 11063 as amended by Executive Order 12259) and its
implementing regulations at 24 CFR Part 107 and The Fair Housing Act
(42 U.S.C. §
3601 et seq.), as implemented by HUD at 24
CFR Part 100-115.
(4) Affirmatively
Furthering Fair Housing. By Owner's execution of the Agreement and pursuant to
Section 808(e)(5) of the Fair Housing Act, Owner agrees to use funds in a
manner that follows the State of Texas' "Analysis of Impediments" or
"Assessment of Fair Housing", as applicable and as amended, and will maintain
records in this regard.
(5)
Protections for Victims of Domestic Violence, Dating Violence, Sexual Assault,
or Stalking. Subpart L of 24 CFR part 5 shall apply to the Assisted Units in
Eligible Multifamily Properties.
(w) Security of Confidential Information.
(1) Systems Confidentiality Protocols. Owner
must undertake customary and industry standard efforts to ensure that the
systems developed and utilized under this Agreement protect the confidentiality
of every Eligible Applicant's and Eligible Tenant's personal and financial
information, both electronic and paper, including credit reports, whether the
information is received from the Eligible Applicants, Tenants or from another
source. Owner must undertake customary and industry standard efforts so that
neither they nor their systems vendors disclose any Eligible Applicant's or
Tenant's personal or financial information to any third party, except for
authorized personnel in accordance with this Agreement.
(2) Protected Health Information. If Owner
collects or receives documentation for disability, medical records or any other
medical information in the course of administering the Program, Owner shall
comply with the Protected Health Information state and federal laws and
regulations, as applicable, under §
1.24 of this title (relating to
Protected Health Information), Chapter 181 of the Texas Health and Safety Code,
the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
(Pub. L.
104-191, 110 Stat. 1936, enacted August 21, 1996),
and the HIPAA Privacy Rules (45 CFR Part 160 and Subparts A and E of 45 CFR
Part 164).
(x) Real
Property Acquisition and Relocation. Except as otherwise provided by federal
statute, HUD-assisted programs or projects are subject to the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (Uniform Act or URA) (42 U.S.C. §
4601), and the
government wide implementing regulations issued by the U.S. Department of
Transportation at 49 CFR Part 24. The Uniform Act's protections and assistance
apply to acquisitions of real property and displacements resulting from the
acquisition, rehabilitation, or demolition of real property for federal or
federally assisted programs or projects. With certain limited exceptions, real
property acquisitions for a HUD-assisted program or project must comply with 49
CFR Part 24, Subpart B. To be exempt from the URA's acquisition policies, real
property acquisitions conducted without the threat or use of eminent domain,
commonly referred to as voluntary acquisitions, the Owner must satisfy the
applicable requirements of 49 CFR §
24.101(b)(1) -
(5). Evidence of compliance with these
requirements must be maintained by the recipient. The URA's relocation
requirements remain applicable to any tenant who is displaced by an acquisition
that meets the requirements of
49 CFR §
24.101(b)(1) - (5). The
relocation requirements of the Uniform Act, and its implementing regulations at
49 CFR Part 24, cover any person who moves permanently from real property or
moves personal property from real property as a direct result of acquisition,
rehabilitation, or demolition for a program or project receiving HUD
assistance. While there are no statutory provisions for temporary relocation
under the URA, the URA regulations recognize that there are circumstances where
a person will not be permanently displaced but may need to be moved from a
project for a short period of time. Appendix A of the URA regulation
(49 CFR §
24.2(a)(9)(ii)(D)) explains
that any tenant who has been temporarily relocated for a period beyond one year
must be contacted by the displacing agency and offered URA relocation
assistance.
(y) Dispute Resolution;
Conflict Management.
(1) Eligible Tenant
Disputes. The Owner or Owner's representative is required to participate in a
Dispute Resolution process, as required by HUD, to resolve an appeal of an
Eligible Tenant dispute with the Owner.
(2) Agreement Disputes. In accordance with
Tex. Gov't Code
2306.082, it is the
Department's policy to encourage the use of appropriate alternative dispute
resolution procedures (ADR) under the Governmental Dispute Resolution Act and
the Negotiated Rulemaking Act (Chapters 2009 and 2006 respectively, Tex. Gov't
Code), to assist in the fair and expeditious resolution of internal and
external disputes involving the Department and the use of negotiated rulemaking
procedures for the adoption of Department rules. As described in Chapter 154,
Civil Practices and Remedies Code, ADR procedures include mediation. Except as
prohibited by the Department's ex parte communications policy, the Department
encourages informal communications between Department staff and the Owner, to
exchange information and informally resolve disputes. The Department also has
administrative appeals processes to fairly and expeditiously resolve disputes.
If at any time the Owner would like to engage the Department in an ADR
procedure, the Owner may send a proposal to the Department's Dispute Resolution
Coordinator. For additional information on the Department's ADR policy, see the
Department's Alternative Dispute Resolution and Negotiated Rulemaking at §
1.17 of this title (relating to
Alternative Dispute Resolution).
(3) Conflict Management. The purpose of the
Conflict Management process is to address any concerns that Owner or Owner's
agent or representative may have with an Eligible Family. At any time, an
Eligible Family may choose to give consent to their Section 811 service
coordinator to work directly with the property manager of the Eligible
Multifamily Property. However, such consent cannot be made a condition of
tenancy.
