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Cate Tracz

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10 TAC Chapter 1, Subchapter A, §1.15 Integrated Housing Rule

The Texas Department of Housing and Community Affairs (“TDHCA”) is asking for public input on proposed revisions to its Integrated Housing Rule (“IHR” or “Rule”), found at 10 TAC §1.15.  The Rule establishes what is required of Developments awarded funding or other assistance as it relates to ensuring that persons with disabilities are provided with integrated housing options. 

 This rule has been significantly simplified; changes include:

  • a more concise purpose section;
  • removal of all but 3 definitions through deferring back to program rules for definitions;
  • revision to the definition of a Household with Disabilities;
  • updating the definition of Integrated Housing;
  • removing exceptions previously made for Elderly housing, scattered site developments and special needs populations;
  • clarifying that the rule applies not only to restricting occupancy but also that marketing only to Households with Disabilities is not permitted;
  • revising the cap amount for large properties from 18% to 25% (note that while revised to appear this way, input on the cap amount is requested);
  • and deleting the waiver language because each program’s rule has its own waiver language.

 

Background

Texas’ Integrated Housing Rule originated in 2003 and has not been revised since that time. The IHR is now in need of revision – it contains many definitions that are outdated and addressed elsewhere in the Texas Administrative Code (“TAC”); makes exceptions that no longer are warranted, and poses some restrictions that do not harmonize well with the Department’s Section 811 Project Rental Assistance (“PRA”) Program. The Section 811 PRA Program contains an integrated housing Program Guideline (Exhibit 5 of the Cooperative Agreement, §PRA.305) of its own. TDHCA is proposing a revised IHR that is more concise and provides more clarity to the Developments that are subject to the Rule.

The IHR ensures housing developments that are subject to the Rule do not restrict occupancy solely to households with disabilities, with the maximum integration limit dependent on the size of the housing development. Currently, the Persons with Disabilities Set-Aside Maximum is 18% for developments with 50 or more units and 36% for developments with less than 50 units.     


Survey and Attachments

A draft of the Rule is provided. First, a “clean” version of the proposed Rule is provided to show what staff is considering proposing. A “blackline” from the current rule is also provided so that viewers can see what is being suggested for deletion. The public can either comment through this forum by posing questions or discussion items, or if preferred may complete a survey regarding your thoughts on the proposed rule revisions by visiting the following link: https://www.surveymonkey.com/r/VSWHD7B




 
Attached Files
pdf Clean version of the Proposed IHR.pdf (141.99 KB, 8 views)
pdf Blackline version of the Proposed IHR.pdf (233.04 KB, 11 views)

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