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Presentation, discussion, and possible action on recommendation to adopt an Agreed Final Order assessing an administrative penalty relating to Accessible Housing Austin (NSP 77090000101, CMTS 5169) and AHA! At Briarcliff (TCAP-RF 13160017511, NHTF 82600017511, CMTS 5170)
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RECOMMENDED ACTION
recommendation
WHEREAS, Accessible Housing Austin (NSP # 77090000101, CMTS #5169) and AHA! At Briarcliff (TCAP-RF #13160017511, NHTF # 82600017511, CMTS #5170), owned by Accessible Housing Austin!, have uncorrected compliance findings relating to the applicable land use restriction agreements and the associated statutory and rule requirements;
WHEREAS, TDHCA identified findings of noncompliance during its regularly scheduled 2024 Section 811 file monitoring review at CMTS 5170, and referred the noncompliance for an administrative penalty when it was not timely corrected;
WHEREAS, unresolved Section 811 noncompliance includes failure to conduct annual recertifications for two units, and failure to properly calculate the resident portion of rent for the same two units;
WHEREAS, TDHCA identified findings of noncompliance during its regularly scheduled 2025 National Standards for the Physical Inspection of Real Estate (NSPIRE) inspections at CMTS 5169 and CMTS 5170, and referred the noncompliance for an administrative penalty when it was not timely corrected;
WHEREAS, the referred NSPIRE noncompliance for CMTS 5169 and CMTS 5170 was resolved on July 30, 2025, and August 7, 2025, respectively;
WHEREAS, an Enforcement Committee informal conference was held on June 17, 2025, and Owner agreed, subject to Board approval, to enter into an Agreed Final Order assessing an administrative penalty of $1,000.00 for CMTS 5169 and $2,000.00 for CMTS 5170, to be fully forgivable if complete corrections are timely submitted as required by the Agreed Final Order;
WHEREAS, the $1,000.00 administrative penalty portion associated with CMTS 5169 is already fully forgiven due to the complet...
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