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Presentation, discussion, and possible action on an order adopting amendments to 10 TAC Chapter 23, §23.50, Tenant-Based Rental Assistance General Requirements, and directing their publication for adoption in the Texas Register.
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RECOMMENDED ACTION
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WHEREAS, pursuant to Tex. Gov’t Code §2306.053, the Texas Department of Housing and Community Affairs (the Department) is authorized to adopt rules governing the administration of the Department and its programs;
WHEREAS, the amendments to 10 TAC §23.50, Tenant-Based Rental Assistance (TBRA) General Requirements, are necessary in the administration of the HOME Program to clarify that Persons with Disabilities can be served for longer than 60 months if certain parameters are met;
WHEREAS, the proposed amendment to 10 TAC §23.50, Tenant-Based Rental Assistance (TBRA) General Requirements was published in the Texas Register for public comment from April 25, 2025, through May 25, 2025, and no comment was received; and
WHEREAS, staff recommends the adoption of the amendments to 10 TAC §23.50, Tenant-Based Rental Assistance (TBRA) General Requirements;
NOW, therefore, it is hereby
RESOLVED, that the amendments to §23.50, Tenant-Based Rental Assistance General Requirements, with the preambles presented at this meeting, are hereby adopted and approved for publication in the Texas Register; and
FURTHER RESOLVED, that the Executive Director and his designees be and each of them hereby are authorized, empowered, and directed, for and on behalf of the Department, to cause the actions to publish the adopted amendments in the Texas Register, and in connection therewith, make such non-substantive technical corrections as they may deem necessary to effectuate the foregoing, including the preparation of the subchapter specific preambles.
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BACKGROUND
The purpose of amending this section of 10 TAC Chapter 23 is to provide an exception to the lifetime limitation on the term of assistance for households assisted with TBRA if they are persons with disabilities.
Assistance through the HOME TBRA Program is intended to be temporary in nature. Households that participate in HOME TBRA must also participate in a self-sufficiency plan, and a permanent housing solution must be part of this plan. While many HOME TBRA participants can move to unassisted housing as a part of their self-sufficiency plan due to increased income from training or educational program, certain households that include members who are Persons with Disabilities may be limited in their ability to increase their income during their term of assistance. Amending this provision to allow for certain households to extend the term of their participation in TBRA allows these families to have housing stability until they can access a permanent source of affordable housing, such as the Section 8 Program. In many areas, waitlists for these programs may exceed 60 months, which can create a gap in assistance for vulnerable Texans with fixed incomes.
The amendment proposed to 10 TAC §23.50 allows an exception to the 60-month lifetime limitation for Persons with Disabilities (PWD) under any set-aside of HOME TBRA funds, so long as the exception is granted only to households who meet all characteristics outlined in the amended rule, including:
• All adult members of the Household are Persons with Disabilities;
• Household income from employment does not exceed the current Substantial Gainful Activity Level as defined by the Social Security Administration and greater than 50% of Household Income is comprised of benefits paid to the Household from Social Security or any other benefit payment received due to a member’s status as a Person with a Disability;
• The Household’s gross monthly income does not exceed 50% AMFI;
• The circumstances considered for an exception are not expected to change during the term of assistance; and
• Continued availability of HUD funding programmed by the Department for TBRA.
At the Board meeting of April 10, 2025, the Board approved the proposed amendments for publication for public comment. Public comment was accepted April 25, 2025, through May 25, 2025, and no public comment was received. Staff recommends adoption of the amendments with no changes from the draft approved by the Board.