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Presentation, discussion, and possible action regarding the adoption of an Agreed Final Order concerning Elmwood Apartments (HTC 12045 / HOME 1001679 / CMTS 1130), Cottonwood Apartments (HTC 12048 / HOME 1001677 / CMTS 544), and Oakwood Apartments (HTC 11082 / HOME 1001591 / CMTS 1304)
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RECOMMENDED ACTION
recommendation
WHEREAS, Elmwood Apartments (Elmwood), owned by PK Elmwood Apartments, LP (Elmwood Owner), had uncorrected compliance findings relating to the applicable land use restriction agreements and the associated statutory and rule requirements;
WHEREAS, Cottonwood Apartments (Cottonwood), owned by PK Cottonwood Apartments, LP (Cottonwood Owner), had uncorrected compliance findings relating to the applicable land use restriction agreements and the associated statutory and rule requirements;
WHEREAS, Oakwood Apartments (Oakwood), owned by PK Oakwood Apartments, LP (Oakwood Owner), had uncorrected compliance findings relating to the applicable land use restriction agreements and the associated statutory and rule requirements;
WHEREAS, Elmwood Owner, Cottonwood Owner, and Oakwood Owner are related entities, ultimately controlled by Ronald Potterpin (collectively known as Owner);
WHEREAS, three out of ten properties under this ownership group, including Elmwood and Cottonwood, were subject to prior Agreed Final Orders;
WHEREAS, the terms of those Agreed Final Orders from 2019 were met, and administrative penalties were partially forgiven, with a collective $2,000.00 administrative penalty paid;
WHEREAS, TDHCA identified new findings of noncompliance during its regularly scheduled 2024 file monitoring reviews at Cottonwood, Elmwood, and Oakwood, and referred the development owners for administrative penalties when the noncompliance was not timely corrected;
WHEREAS, complete corrections were received after referral to the Enforcement Committee, but the penalty referral history did not support informal closure;
WHEREAS, an Enforcement Comm...
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