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Presentation, discussion, and possible action on recommendation to debar multiple parties for conduct relating to The Jones (HTC 93063 / CMTS 1137), and the adoption of an Agreed Final Order assessing an administrative penalty
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RECOMMENDED ACTION
recommendation
WHEREAS, The Jones, owned by 2107 Lincoln Drive, LLC, has uncorrected compliance findings relating to the applicable land use restriction agreements and the associated statutory and rule requirements;
WHEREAS, WMV 2107 Lincoln Drive GP, LLC, William Mitchell Voss, Indio International, LP, Double SB Ventures, Inc., and Seth Bame, control The Jones;
WHEREAS, The Jones scored a 49 out of 100 during a TDHCA Uniform Physical Condition Standards ("UPCS") Inspection conducted on June 22, 2022, a violation of 10 TAC ?10.621 and Tex. Gov't Code ?2306.002, which require developments to be decent, safe, sanitary, in good repair, and suitable for occupancy;
WHEREAS, noncompliance from the 2022 UPCS inspection is considered resolved, but is eligible for an administrative penalty;
WHEREAS, The Jones scored a 43 out of 100 during a TDHCA Uniform Physical Condition Standards ("UPCS") Inspection conducted on August 29, 2023, a violation of 10 TAC ?10.621 and Tex. Gov't Code ?2306.002, which require developments to be decent, safe, sanitary, in good repair, and suitable for occupancy;
WHEREAS, noncompliance from the 2023 UPCS inspection is considered partially resolved, but it is not eligible for an administrative penalty because it is within the corrective action period until January 1, 2024;
WHEREAS, Tex. Gov't Code ?2306.0504(c)(1) addresses debarment and states that the Department shall debar a person from participation in a Department program if the person materially or repeatedly violates any condition imposed by the Department in connection with the administration of a Department program;
WHEREAS, 10 TAC ?2.401 defines violations that are considered material and repeated violations that require mandat...
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