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Presentation, discussion, and possible action on an order adopting an emergency amendment to 10 Texas Administrative Code Chapter 10, Uniform Multifamily Rules, Subchapter J, Housing Finance Corporation Compliance Monitoring, ?10.1204 Audit Requirements; an order proposing an amendment to 10 Texas Administrative Code Chapter 10, Uniform Multifamily Rules, Subchapter J, Housing Finance Corporation Compliance Monitoring, ?10.1204 Audit Requirements to be released for public comment; and an order directing both actions to be published 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, this subchapter is responsive to the passage of HB 21 (89th Reg. Session), which granted the Texas Department of Housing and Community Affairs (the Department) compliance monitoring oversight of all Housing Finance Corporation developments;
WHEREAS, HB 21 requires the Department to adopt rules necessary to implement ?394.9026 and ?394.9027 of Chapter 394, Texas Local Government Code;
WHEREAS, this subchapter was recently adopted by the Department's Board, but has one issue that requires immediate correction to place the rule into alignment with HB 21 as it relates to the calculation of the Rent Reduction Test on units occupied by households using rental assistance vouchers;
WHEREAS, the rule is in need of emergency revisions to ensure the immediate consistency between the rule and statute and that the revisions are applicable for the audit reports due in 2026;
WHEREAS, such emergency rulemaking is authorized by Texas Government Code ?2001.034, which provides that the Department may adopt an emergency rule with abbreviated notice or hearing if it finds that imminent peril to the public welfare, or a requirement of state or federal law, requires ad...
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