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Presentation, discussion, and possible action on recommendation to debar multiple parties for conduct relating to Plainview II Triplex (HOME 532315 / CMTS 2658)
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RECOMMENDED ACTION
recommendation
WHEREAS, Plainview II (Triplex) (Property), owned by Hale Center Housing Authority (Owner), has uncorrected compliance findings relating to the applicable land use restriction agreement and the associated statutory and rule requirements;
WHEREAS, Hale Center Housing Authority, a Texas public housing authority, and Cindy Carthel, its executive director (the "Responsible Parties") control the Property;
WHEREAS, the Responsible Parties signed an Agreed Final Order on February 2, 2023, agreeing to correct noncompliance from the March 1, 2022, file monitoring review;
WHEREAS, the terms of the 2023 Agreed Final Order were violated, and the full administrative penalty due under that Order was paid;
WHEREAS, one event of noncompliance remains unresolved, relating to a household in unit 306 that exceeds the income limit;
WHEREAS, Tex. Gov't Code ?2306.0504(b) states that the Department may debar a person from participation in a Department program on the basis of the person's past failure to comply with any condition imposed by the Department in the administration of its programs;
WHEREAS, 10 TAC ?2.401(a) defines violations that are eligible for debarment;
WHEREAS, the Responsible Parties failed to correct the above referenced event of noncompliance as required by the 2023 Agreed Final Order within six months of a demand being issued by the Department, a violation of 10 TAC ?2.401(a)(6), which states that such failure may be grounds for debarment;
WHEREAS, the Land Use Restriction Agreement on the Property expired August 19, 2024 with unresolved noncompliance as noted above, a violation of 10 TAC ?2.401(a)(11), which states that such failure may be grounds for debarment;
WHEREAS, Cindy Carthel participated in an informal conference with the Enforcement Co...
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