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Presentation, discussion, and possible action on order proposing the repeal of 10 TAC Chapter 23, Single Family HOME Program, and orders proposing new 10 TAC Chapter 23, Single Family HOME Program Rules, and directing their publication for public comment in the Texas Register
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RECOMMENDED ACTION
recommendation
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 Department is proposing to repeal all sections of 10 TAC Chapter 23, Single Family HOME Program and proposing all new 10 TAC Chapter 23, Single Family HOME Program, to maintain compliance with federal and state requirements, conform with the federal HOME Program regulations at 24 CFR Part 92, as amended, and provide for consistency with other provisions of the rule; and
WHEREAS, upon Board approval, the proposed new rule will be submitted to the Texas Register to be published for public comment, which will be accepted December 22, 2023 to January 22, 2024;
NOW, therefore, it is hereby
RESOLVED, that the proposed repeal of 10 TAC Chapter 23, Single Family HOME Program, and new 10 TAC Chapter 23 regarding the Single Family HOME Program are approved for publication in the Texas Register for public comment; and
FURTHER RESOLVED, that the Executive Director and his designees be and each them hereby are authorized, empowered, and directed, for and on behalf of the Department to cause the proposed repeal of 10 TAC Chapter 23, Single Family HOME Program, and new 10 TAC Chapter 23, Single Family HOME Program in the form presented to this meeting to be published in the Texas Register for public comment and, in connection therewith, make such non-substantive technical corrections as they may deem necessary to effectuate the foregoing.
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BACKGROUND
The Single Family HOME Program rules at 10 TAC Chapter 23 provide the administrative framework for all Single Family HOME Program activities, including Homeowner Reconstruction Assistance (HRA), Contract for Deed (CFD), Single Family Development (SFD), Tenant-Based Rental Assistance (TBRA), and Homebuyer Assistance with New Construction (HANC).
The purpose of repealing 10 TAC Chapter 23, Single Family HOME Program rule and proposing a new 10 TAC Chapter 23 is to update and implement procedures for implementation of the HOME Program. Changes were made to most subchapters; therefore, the Department is repealing and proposing a new Chapter instead of amending the existing Chapter. Staff has summarized the significant changes proposed to be made to the Single Family HOME Rule at 10 TAC Chapter 23 below. A black line version with all changes will be available on the Department’s website during the public comment period.
The Department held a roundtable discussion on November 10, 2023, regarding the Single Family HOME Program. The roundtable discussion included changes to the Single Family HOME Program approved in the consolidated plan and the proposed changes to HOME Single Family rule. Comments and suggestions received from the roundtable discussions were taken into consideration during the preparation of the proposed HOME Rule as presented at this meeting.
Summary of Significant Changes:
• Administrative deficiency resolution deadline for Administrator Applications increased from seven days to 14 days.
• Property inspection photos for construction Activities must include clear photos of the entire property, including other structures.
• Deadline for submission of project completion report may be amended to exceed 60 days.
• Administrative Funds increased for each HOME Program Activity eligible for these funds. The new limitations proposed are five percent for HRA, eight percent for CFD and HANC, and ten percent for TBRA.
• If a TBRA applicant is a local government, Service Area may be limited to the applicant's jurisdiction instead of an entire county.
• Increases the number of ways that a TBRA assisted household may be eligible for extended assistance.
• Administrators may obtain the Department's consent to issue a Certificate of Eligibility prior to reserving funds for a TBRA applicant.
• Monthly subsidy requests for TBRA are allowed starting on the 10th day of the month prior to the subsidized month.