TITLE 10. COMMUNITY DEVELOPMENT

PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CHAPTER 5. COMMUNITY AFFAIRS PROGRAMS

SUBCHAPTER K. EMERGENCY SOLUTIONS GRANTS (ESG)

10 TAC §5.2014

The Texas Department of Housing and Community Affairs (the "Department") adopts on an emergency basis a new section to 10 TAC, Chapter 5, Subchapter K, Emergency Solutions Grants ("ESG"), to include a new rule 10 TAC §5.2014, VAWA Requirements. The new section is adopted on an emergency basis because it is related to protections for victims of domestic violence, dating violence, sexual assault, or stalking and improves compliance with federal requirements for the Department's existing ESG Subrecipients.

The ESG rules for 2016 ESG Subrecipients were adopted to be effective September 30, 2012. On December 16, 2016, HUD made effective through a Final Rule requirements related to the Violence Against Women Reauthorization Act ("VAWA") of 2013. The purpose of the proposed new section in Chapter 5 is to effectuate compliance with the requirements under 24 Code of Federal Regulations ("CFR") §576.409, "Protection for victims of domestic violence, dating violence, sexual assault, or stalking" for current ESG Subrecipients.

The immediate applicability of these federal regulations relating to public health and safety requires this rule to be adopted on an emergency basis. This new section is adopted on an emergency basis to be effective for 120 days.

STATUTORY AUTHORITY. The new section is adopted on an emergency basis pursuant to Texas Gov't Code, §2306.053, which authorizes the Department to adopt rules.

No other code, article, or statute is affected by the emergency adoption.

§5.2014.VAWA Requirements.

(a) Subrecipients will comply with the requirements under 24 CFR §576.409, "Protection for victims of domestic violence, dating violence, sexual assault, or stalking."

(b) Compliance with 24 CFR §576.409 includes, but is not limited to, providing two Departmental forms called "Notice of Occupancy Rights under the Violence Against Women Act" based on HUD form 5380 and "Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking," HUD form 5382, to each of the following:

(1) All applicants for short- and medium-term rental assistance at the time of admittance or denial;

(2) Program Participants of short- and medium-term rental assistance prior to execution of a Rental Assistance Agreement;

(3) Program Participants of short- and medium-term rental assistance with any notification of eviction or notification of termination of assistance; and

(4) Program Participants of short- and medium-term rental assistance either during an annual recertification or lease renewal process, whichever is applicable.

(c) Subrecipients will adopt and follow an Emergency Transfer Plan based on HUD's model Emergency Transfer Plan by no later than June 14, 2017, pursuant to 24 CFR §5.2005(e). Within three calendar days after Program Participants request transfers, Subrecipients will inform Program Participants of their eligibility under their Emergency Transfer Plan and keep records of all outcomes.

The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 1, 2017.

TRD-201701732

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Effective date: May 1, 2017

Expiration date: August 28, 2017

For further information, please call: (512) 475-2224