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Presentation, discussion, and possible action on an order adopting the repeal and proposed new 10 TAC Chapter 5, Section 8 Housing Choice Voucher Program, and an order directing their publication 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 proposed new 10 TAC Chapter 5, Section 8 HCV Program, maintains compliance with federal requirements and updates its procedures to include additional special purpose vouchers;
WHEREAS, the repeal and replacement of 10 TAC Chapter 5, Section 8 Housing Choice Voucher (HCV) Program was published in the Texas Register for public comment from January 24, 2025, through February 24, 2025, and no public comment was received, and
WHEREAS, staff recommends adoption of the repeal of the existing and proposed new 10 TAC Chapter 5, Section 8 Housing Choice Voucher (HCV) Program as published in the Texas Register;
NOW, therefore, it is hereby
RESOLVED, that the proposed repeal of 10 TAC Chapter 5, Section 8 HCV Program, and new 10 TAC Chapter 5, Section 8 HCV Program, with the preamble presented to 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 rules, in the form presented to this meeting, 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 Section 8 Housing Choice Voucher (HCV) rule was last adopted on January 2, 2022. Since this date, the Department has determined that it will participate in an additional type of special purpose voucher for the Foster Youth to Independence (FYI) Initiative as approved by the Board at the meeting on September 5, 2024. TDHCA has executed a Memorandum of Understanding with the Texas Department of Family and Protective Services (DFPS) and is now accepting referrals from DFPS for FYI eligible youth. HUD requires that FYI Initiative applicants be placed on the Public Housing Authority (PHA) regular Housing Choice Voucher waitlist. While the existing rule does address special purpose vouchers in the current waitlist section, staff recommends adding the FYI Initiative as a specific voucher type to the rule.
As the review was being performed, staff seeks to repeal the existing rule and replace it with a new rule to add in information about the FYI Initiative, make minor updates to the Project Access rule, and to satisfy the four-year rule review requirements.
The proposed rules were approved for publication for public comment by the Board at its meeting of January 16, 2025. No public comment was received.