title
Presentation, discussion, and possible action regarding the adoption of an Agreed Final Order concerning The Declan I (Bond MF007 / CMTS 2510) and The Declan II (Bond MF008 / CMTS 2509)
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RECOMMENDED ACTION
recommendation
WHEREAS, The Declan I (Bond MF007 / CMTS 2510) and The Declan II (Bond MF008 / CMTS 2509) both owned by Lurin Real Estate Holdings LIX, LLC (Owner) have uncorrected compliance findings relating to the applicable land use restriction agreements and the associated statutory and rule requirements;
WHEREAS, Owner is controlled by Jon Venetos;
WHEREAS, TDHCA identified findings of noncompliance at both property phases during its regularly scheduled 2023 file monitoring reviews and 2024 NSPIRE inspections, and referred the Owner for an administrative penalty when the noncompliance was not timely corrected;
WHEREAS, Owner reported a casualty loss to TDHCA in 2024 for CMTS 2509, but Owner failed to submit supporting documentation to substantiate the claim in order for the Department to set a two-year corrective action period;
WHEREAS, unresolved compliance findings for CMTS 2509 include: NSPIRE violations, casualty loss violations relating to four units that require supporting details, and file monitoring violations for pre-onsite documentation, household income, and annual recertifications;
WHEREAS, unresolved compliance findings for CMTS 2510 include: NSPIRE violations, and file monitoring violations for household income and annual recertifications;
WHEREAS, an Enforcement Committee informal conference was held on November 21, 2024, and Owner agreed, subject to Board approval, to enter into Agreed Final Orders for CMTS 2509 and CMTS 2510, assessing partially forgivable administrative penalties of $8,425.00 and $25,000.00, respectively; 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...
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