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Presentation, discussion, and possible action regarding a waiver of 10 TAC §23.50(f)(1) relating to the cumulative limitation on Tenant-Based Rental Assistance
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RECOMMENDED ACTION
recommendation
WHEREAS, pursuant to 10 TAC §23.1(a), the Governing Board may waive rules subject to Chapter 23 for good cause to meet the purpose of the HOME Program, provided the waiver does not conflict with federal regulations governing the use of HOME funds, or impact federally imposed obligation or expenditure deadlines;
WHEREAS, proposed amendments to 10 TAC §23.50(f), Tenant-Based Rental Assistance (TBRA) General Requirements, were recommended to this board under previous action; and were approved for publication in the Texas Register;
WHEREAS, the proposed amendment to 10 TAC §23.50(f) is 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, staff has been made aware of an immediate need for this relief for persons with disabilities due to limited funding in the Section 8 Housing Choice Voucher (HCV) Program administered by certain Public Housing Authorities; and
WHEREAS, due to the immediate demonstrated need, staff recommends a waiver of 10 TAC §23.50(f)(1) conforming to the proposed amendment in order to immediately implement an extended term of assistance for qualified households as outlined in the waiver;
NOW, therefore, it is hereby
RESOLVED, the Board grants the requested waiver of 10 TAC §23.50(f)(1), as detailed further in this Board Action Request.
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BACKGROUND
Under a prior action of the Governing Board, the Board considered an amendment to certain provisions of 10 TAC §23.50 related to General Requirements for the HOME Tenant-Based Rental Assistance (TBRA) Program. The HOME TBRA Program provides temporary monthly rental and utility subsidy to households at or below 80% Area Median Family Income (AMFI). Participating households must participate in a self-sufficiency plan; this plan must include identification of a permanent source of housing that is affordable to the household long-term. Due to specific circumstances, this may include utilization of a Section 8 Housing Choice Voucher (HCV) or other form of long-term assisted housing.
In addition to the rule amendment, staff is recommending a conforming waiver to be applied as of the date of this meeting, and subject to the same provisions as detailed in the proposed rule. The waiver would be effective until adoption of the rule amendment, which may be updated and amended in response to public comment. The waiver provides a necessary stopgap for vulnerable families currently impacted by the limitation who, but for the extension of the HOME TBRA assistance, would be at-risk of homelessness.
The recommended wavier to 10 TAC §23.50 would be utilized as follows:
Granting this waiver would not conflict with federal requirements, the state statute, nor would it impact obligation or expenditure deadlines. The waiver would be made available until proposed amendments to 10 TAC §23.50, as approved by the Governing Board for publication in the Texas Register, are adopted by the Governing Board, or until six months from the date of this meeting, whichever is earlier.