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Presentation, discussion, and possible action on an order proposing the repeal of 10 TAC Chapter 5, Section 8 Housing Choice Voucher Program, and an order proposing new 10 TAC Chapter 5, Section 8 Housing Choice Voucher Program, 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 both sections of 10 TAC Chapter 5, Section 8 Housing Choice Voucher (HCV) Program, and proposing new 10 TAC Chapter 5, Section 8 HCV Program, to make revisions that will maintain compliance with federal requirements and update procedures to include additional special purpose vouchers; 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 from January 31, 2025, to March 3, 2025;
NOW, therefore, it is hereby
RESOLVED, that the proposed repeal of 10 TAC Chapter 5, Section 8 HCV Program, and proposed new 10 TAC Chapter 5, Section 8 HCS 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 5, Section 8 HCV Program, and new 10 TAC Chapter 5, Section 8 HCV 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 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. Staff continues to collaborate with the Department of Family and Protective Services on a memorandum of understanding that will allow the Department to accept referrals for the FYI Initiative. 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.
Therefore, rule revisions will include adding information about the FYI Initiative, and making minor updates to the Project Access rule.
Specific changes to the Section 8 HCV rule are included in the attachments. A black line version with all changes will be available on the Department’s website during the public comment period. Public comment will be accepted from January 31, 2025 to March 3, 2025 at 5:00 p.m. Central time.