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Presentation, discussion, and possible action on an order proposing the amendment of 10 TAC Chapter 10, Uniform Multifamily Rules, Subchapter F Compliance Monitoring, ?10.612 Tenant File Requirements; an order proposing new ?10.628 Verification of Occupant Legal Status for HOME and NHTF Developments; 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, Section 401(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) provides that an alien who is not a qualified alien is not eligible for federal public benefits, and Department of Justice (DOJ) guidance provides that each federal agency is required to identify which of their programs are considered federal public benefits for this purpose;
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) in its 2025 federal Grant Agreements for the National Housing Trust Fund (NHTF) and HOME Programs has clarified that PRWORA does apply to those programs, and in a subsequent announcement included HOME-ARP in those programs to which this would be applicable;
WHEREAS, under separate rule action the Department has initiated the applicability of PRWORA for Community Affairs, Homelessness and Single Family activities, including HOME, and this action is now to ensure compliance with this guidance for the Department's HOME, HOME-ARP Rental and NHTF multifamily portfolio of properties;
WHEREAS, the rule actions herein are specific only to Developments in the Department's portfolio that have HOME, HOME-ARP Rental or NHTF financing or land use restriction agreements, and no action at this time is being taken relating to the Department's Low Income Housing Tax Credit multifamily portfolio; and
WHEREA...
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