TITLE 10. COMMUNITY DEVELOPMENT

PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CHAPTER 23. SINGLE FAMILY HOME PROGRAM

The Texas Department of Housing and Community Affairs (the "Department") adopts the amendments to 10 TAC Chapter 23, Subchapter B, §23.25, concerning General Threshold and Selection Criteria, and Subchapter F, §23.61, concerning Tenant-Based Rental Assistance (TBRA) General Requirements, without changes, as published in the September 22, 2017, issue of the Texas Register (42 TexReg 4929) and will not be republished.

REASONED JUSTIFICATION: The purpose of amending the State HOME Investment Partnerships Program ("HOME") Rule under Subchapter B is to require applicants for HOME Program funds to establish intent to apply for funding subject to the terms and conditions set forth at time of application receipt. Currently, the threshold requirements state that a resolution from the governing board of the applicant must be dated no later than 6 months from the date of application submission; proposed amendments to the rule would require the applicant to more specifically identify the fund source and, if applicable, Notice of Funding Availability under which funds are requested by the applicant. The purpose of amending the HOME Rule under Subchapter F is to require that units selected by tenants for occupancy under the Tenant-Based Rental Assistance ("TBRA") program are two-fold. First, an amendment is proposed to ensure that units selected for rental by an assisted household are not owned by members of the assisted household's immediate family, with an exception for units that have unique accessibility features for persons with disabilities that are not readily available in the service area. This amendment will more closely align the HOME Rule with the requirements of the Section 8 Housing Choice Voucher Program, allowing tenants a more seamless transition between temporary HOME assistance and more permanent assistance offered under the Section 8 Housing Choice Voucher Program. Second, an additional amendment is proposed to ensure that administrators of the HOME Program comply with requirements to conduct a rent-reasonableness analysis for each unit to be occupied by a HOME assisted household.

The Department accepted public comment between September 22, 2017, and October 31, 2017. No comments were received concerning the amendments.

The Board approved the final order adopting the amendments on November 9, 2017.

SUBCHAPTER B. AVAILABILITY OF FUNDS, APPLICATION REQUIREMENTS, REVIEW AND AWARD PROCEDURES, GENERAL ADMINISTRATIVE REQUIREMENTS, AND RESALE AND RECAPTURE OF FUNDS

10 TAC §23.25

STATUTORY AUTHORITY. The amendment is adopted pursuant to Texas Government Code, §2306.053, which authorizes the Department to adopt rules.

The adopted amendment affects no other code, article, or statute.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 16, 2017.

TRD-201704609

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Effective date: December 6, 2017

Proposal publication date: September 22, 2017

For further information, please call: (512) 475-0908


SUBCHAPTER F. TENANT-BASED RENTAL ASSISTANCE PROGRAM

10 TAC §23.61

STATUTORY AUTHORITY. The amendment is adopted pursuant to Texas Government Code, §2306.053, which authorizes the Department to adopt rules.

The adopted amendment affects no other code, article, or statute.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 16, 2017.

TRD-201704610

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Effective date: December 6, 2017

Proposal publication date: September 22, 2017

For further information, please call: (512) 475-0908