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Presentation, discussion, and possible action regarding the adoption of an Agreed Final Order concerning Waters at Sunrise (HOME # 1002231 / HTC # 1002231 / CMTS # 5046)
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RECOMMENDED ACTION
recommendation
WHEREAS, Waters at Sunrise, owned by Waters at Sunrise, LP (Owner), has uncorrected compliance findings relating to the applicable Land Use Restriction Agreement (LURA) and the associated statutory and rule requirements;
WHEREAS, Owner has a history of violations and previously signed an Agreed Final Order on April 11, 2018, agreeing to a probated and deferred administrative penalty, and requiring corrections of affirmative marketing noncompliance;
WHEREAS, the terms of the prior Agreed Final Order were met and the administrative penalty was fully forgiven;
WHEREAS, TDHCA identified new findings of noncompliance during its regularly scheduled 2023 file monitoring review, and referred them for an administrative penalty when they were not timely corrected;
WHEREAS, unresolved compliance findings include: failure to maintain the specific unit mix required by the HOME LURA, a tenant income certification violation for one unit, and household income violations for two units;
WHEREAS, an Enforcement Committee informal conference was held on May 21, 2024, and Owner agreed, subject to Board approval, to enter into an Agreed Final Order assessing an administrative penalty of $7,500.00, with $3,750.00 due upon signature and the remaining $3,750.00 subject to probation and forgiveness if Owner submits full corrections by July 15, 2024; and
WHEREAS, staff has based its recommendations for an Agreed Final Order on the Department's rules for administrative penalties and an assessment of each and all of the statutory factors to be considered in assessing such penalties, applied specifically to the facts and circumstances present in this case.
NOW, therefore, it is hereby
RESOLVED, that an Agreed Final Order assessing an administrative penalty of $7,500.00, s...
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