TDHCA POSTINGS

4/23/17

HUD Guidance, Protections for Persons with Limited English Proficiency

On September 15, 2016, HUD’s Office of General Council released guidance on Fair Housing Act Protections for Persons with Limited English Proficiency at: https://portal.hud.gov/hudportal/documents/huddoc?id=lepmemo091516.pdf.

Limited English Proficiency (“LEP”) refers to a person’s limitations on their ability to read, write, speak, or understand English. Housing decisions that are based on LEP generally relate to race or national origin, protected classes under the Fair Housing Act. The Fair Housing Act prohibits housing providers from using LEP selectively based on a protected class or as a pretext for discrimination because of a protected class.

Housing providers are therefore prohibited from using limited English proficiency selectively or as an excuse for intentional housing discrimination. The law also prohibits landlords from using limited English proficiency in a way that causes an unjustified discriminatory effect. Discriminatory practices, for example, could include applying a language-related requirement to people of certain races or nationalities; posting advertisements that contain blanket statements, such as “all tenants must speak English;” or immediately turning away applicants who are not fluent in English. Targeting racial or national origin groups for scams related to housing also constitutes intentional discrimination.

In addition to the new LEP guidance, which is limited to the Fair Housing Act, HUD published a “Notice of Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons” in 2007.

The Texas Workforce Commission (“TWC”) is responsible for enforcing the state and federal Fair Housing Acts in the State of Texas. For more information, or to file a discrimination complaint, please contact TWC’s Civil Rights Division (“TWCCRD”) at 888-452-4778 or 512-463-2642 or at: http://www.twc.state.tx.us/partners/civil-rights-discrimination.


4/20/17

Clarifying SOS website listing of TDHCA 4/27 meeting

This note is to clarify that the Texas Department of Housing and Community Affairs (“TDHCA”) governing board meeting scheduled for Thursday, April 27, 2017, has not been cancelled. Earlier today an agenda listing on the Secretary of State’s Open Meetings section of its website incorrectly lists the meeting’s status as “cancelled.” (This incorrect posting has since been removed.) That listing preceded the correct agenda listing which was posted in the appropriate statutorily mandated time frame. For more information please see TDHCA’s Board webpage at: http://www.tdhca.state.tx.us/board/meetings.htm.


4/20/2017

CORRECTION- 2017 Project Income and Rent Tool

The 2017 Project Income and Rent Tool that was posted to the Texas Department of Housing and Community Affairs (“TDHCA”) website April 17, 2017, contained an error that resulted in incorrect rent limits. The 2017 Project Income and Rent Tool at: http://www.tdhca.state.tx.us/pmcomp/irl/index.htm has been corrected and reposted with an “As of” date of 4/20/2017.

If you pulled any income or rent limits using the tool that has an “As of” date of 4/17/2017, please disregard immediately.

If you have any questions about income and rent limits or believe there is an error in the data, please contact TDHCA Director of Multifamily Compliance Stephanie Naquin at 512-475-2330 or stephanie.naquin@tdhca.state.tx.us.


4/19/2017

2017 Income and Rent Limits

On April 14, 2017, the U.S. Department of Housing and Urban Development (“HUD”) released the 2017 Multifamily Tax Subsidy Program (“MTSP”) and Neighborhood Stabilization Program (“NSP”) income limits. These limits have been incorporated into the Project Income and Rent Tool. This tool also reflects the changes made to income limits through the Housing and Economic Recovery Act of 2008 (rural limits, hold harmless etc.).

Please review the 2017 Project Income and Rent Tool at: http://www.tdhca.state.tx.us/pmcomp/irl/index.htm. This will identify new maximum income and rent limits for most TDHCA administered properties participating in the Housing Tax Credit, Tax Exempt Bond, Housing Trust Fund and NSP rental programs. Note that not all areas of the State had an increase in Area Median Income, therefore some properties will have no change in their income and rent limits. However, no project that is already placed in service should have a decrease in their income and rent limits.

The Community Planning and Development section of HUD has not released new limits for the HOME Program.  When that data is available, it will be incorporated into the Project Income and Rent Limit Tool. Please follow the instructions in the worksheet. Failure to do so will produce incorrect results.

If you have any questions about income and rent limits or believe there is an error in the data, please contact TDHCA Director of Multifamily Compliance Stephanie Naquin at 512-475-2330 or stephanie.naquin@tdhca.state.tx.us.


4/17/17

Withdraw Proposed Information Collection on Energy Benchmarking for HUD Multifamily

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4/17/17

HUD Guidance, Use of Criminal History in Housing Transactions

Fair Housing Fact: HUD’s Office of General Counsel released guidance on April 4, 2016, concerning the application of the Fair Housing Act to the use of criminal history by providers or operators of housing and real-estate related transactions (https://portal.hud.gov/hudportal/documents/huddoc?id=HUD_OGCGuidAppFHAStandCR.pdf).

–One in three US adults has a criminal record of some sort.

–According to HUD’s guidance, policies or practices that restrict access to housing on the basis of criminal history have been shown to have a disparate impact on certain protected classes and may be unlawful.

–Arrest records are not proof of criminal activity and should not be used alone to deny housing.

–Housing providers should tailor policies to serve a substantial, legitimate, nondiscriminatory interest.

–Policies should take into consideration factors such as the type of crime and length of time since conviction.

Guidance addresses:

  1. Unreasonable look back periods
  2. Failure to consider mitigating circumstances
  3. Tendency to equate arrest information with conviction
  4. The use of vague or overly broad categories of criminal activity

Access to safe, secure, and affordable housing is critical to successful reentry into society.

The Texas Workforce Commission (“TWC”) is responsible for enforcing the state and federal Fair Housing Acts in the State of Texas. For more information, or to file a discrimination complaint, please contact TWC’s Civil Rights Division (“TWCCRD”) at 888-452-4778 or 512-463-2642 or online at http://www.twc.state.tx.us/partners/civil-rights-discrimination.


4/10/17

Fair Housing: Avoid Pitfalls in Land Use and Zoning Practices

The Fair Housing Act prohibits a broad range of actions that discriminate against individuals on the basis of race, color, religion, sex, national origin, familial status, and disability. It’s good to know what pitfalls may occur and what guidance has been issued relating to fair housing at the local level. In November 2016, HUD and the Department of Justice released a Joint Statement on “State and Local Land Use Laws and Practices and the Application of the Fair Housing Act.” That guidance is available here: https://www.justice.gov/crt/page/file/909956/download.

The guidance is helpful reading for local decision-makers to keep them apprised of how HUD and DOJ consider certain local actions.

The Texas Workforce Commission (“TWC”) is responsible for enforcing the state and federal Fair Housing Acts in the State of Texas. For more information, or to file a discrimination complaint, please contact TWC’s Civil Rights Division (“TWCCRD”) at 888-452-4778 or 512-463-2642 or at: http://www.twc.state.tx.us/partners/civil-rights-discrimination

Join us for the fair housing month webinar series. Topics, schedule, and registration information is available at: https://goo.gl/bpIF5Q


4/3/17

Public Comment Period for the Draft 2017 State of Texas Consolidated Plan Annual Performance Report – Reporting On Program Year 2016

Announcement of the Public Comment Period for the Draft 2017 State of Texas Consolidated Plan Annual Performance Report – Reporting On Program Year 2016

The Texas Department of Housing and Community Affairs (the “Department”) announces the opening of a 15-day public comment period for the State of Texas Draft 2017 Consolidated Plan Annual Performance Report – Reporting on Program Year 2016 (“CAPER” or “the Report”) as required by the U.S. Department of Housing and Urban Development (“HUD”). The Report is required as part of the overall requirements governing the State’s consolidated planning process. The Report is submitted in compliance with 24 CFR 91.520, Consolidated Plan Submissions for Community Planning and Development Programs. The 15-day public comment period begins Monday, April 3, 2017, and continues until 6 p.m. Austin local time, Monday, April 17, 2017.

The Report gives the public an opportunity to evaluate the performance of the past program year for four HUD programs: the Community Development Block Grant Program (“CDBG”) administered by the Texas Department of Agriculture, the Emergency Solutions Grants (“ESG”) and HOME Investment Partnerships programs administered by the Department, and the Housing Opportunities for Persons with AIDS Program administered by the Texas Department of State Health Services.

The following information is provided for each of the four programs covered in the Report: A summary of program resources and programmatic accomplishments; a series of narrative statements on program performance over the past year; a qualitative analysis of program actions and experiences; and a discussion of program successes in meeting program goals and objectives.

Beginning Monday, April 3, 2017, the Report will be available on the Department’s website at http://www.tdhca.state.tx.us/public-comment.htm. A hard copy can be requested by contacting the Housing Resource Center at P.O. Box 13941, Austin, TX 78711-3941 or by calling 512-475-3976. Written comment should be sent by mail to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, TX 78711-3941, by email to info@tdhca.state.tx.us, or by fax to 512-475-0070.


Fair Housing: Reasonable accommodations 

Help Ensure Equal Access for Persons with Disabilities

Persons with disabilities may need reasonable accommodation in rules, policies, practices, or services in order to access and enjoy a dwelling. In some cases, treating a person with a disability exactly the same as others may not ensure they have equal access, and treating them “differently” may be the accommodation they need.

Requests for reasonable accommodations are addressed in 24 C.F.R. § 100.204 – Reasonable accommodations. Information provided by the US Government Publishing Office includes examples for parking spaces and service animals as illustrations of applications of the Code. See https://www.gpo.gov/fdsys/pkg/CFR-2004-title24-vol1/xml/CFR-2004-title24-vol1-sec100-204.xml

More detailed information on the range of reasonable accommodations covered by this Code is provided in the “Joint Statement of The Department of Housing and Urban Development and The Department of Justice’s Reasonable Accommodations Under the Fair Housing Act,” available at http://www.hud.gov/offices/fheo/library/huddojstatement.pdf

The Texas Workforce Commission (“TWC”) is responsible for enforcing the state and federal Fair Housing Acts in the State of Texas. For more information, or to file a discrimination complaint, please contact TWC’s Civil Rights Division (“TWCCRD”) at 888-452-4778 or 512-463-2642 or at http://www.twc.state.tx.us/partners/civil-rights-discrimination.

Join us for the fair housing month webinar series. Topics, schedule, and registration can be found at https://goo.gl/bpIF5Q


3/31/17

Competitive Housing Tax Credit Application Market Study Submission

The 2017 Qualified Allocation Plan (“QAP”) indicates that Market Analysis Reports for Competitive Housing Tax Credit Applications must be submitted by April 1, 2017.  As stated in 10 TAC §11.1(f) regarding Deadlines, where a specific date or deadline is identified in this chapter, the information or documentation subject to the deadline must be submitted on or before 5:00 p.m., Austin local time, on the day of the deadline. If the deadline falls on a weekend or holiday, the deadline is the next day which is not a weekend or holiday and on which the Department is open for general operation.

During the 2017 application cycle, April 1 occurs on a Saturday. Pursuant to the rule, the Market Analysis Report must be received by the Department prior to 5:00 p.m., Austin local time, on Monday, April 3, 2017.


3/30/2017

REMINDER: 2016 Annual Reports Due April 30, 2017 [HTC][HTF][MFB][MFC][MFDL]

The 2016 Annual Owner’s Compliance Report (“AOCR”) and Annual Owner’s Financial Certification (“AOFC”) are due April 30, 2017. To access the reports, log into the Compliance Monitoring and Tracking System (“CMTS”) found on the Texas Department of Housing and Community Affairs (“TDHCA”) webpage at: https://pox.tdhca.state.tx.us/aims2/pox

As a reminder, the first report is due the second year after an award. Therefore, if you received an award in 2015, even if your property is still under construction, this report is due by April 30, 2017.

If you have TDHCA-issued Tax Exempt Bonds, Part D must also be submitted by uploading the filed Form 8703 for the preceding calendar year to the Property’s CMTS account. Be sure to select “IRS Form 8703” as the document type to the attention of Cody Campbell.

Please visit: http://www.tdhca.state.tx.us/pmcomp/reports.htm for updated resources.

For issues with CMTS contact: cmts.requests@tdhca.state.tx.us.

For questions regarding AOFC contact your property’s Asset Manager. The Asset Management Contact List can be found here: http://www.tdhca.state.tx.us/asset-management/contacts.htm

For questions regarding Parts A, B or C contact Stephanie Naquin at 512-475-2330 or stephanie.naquin@tdhca.state.tx.us.

For questions regarding Part D contact Cody Campbell at 512-475-4603 or cody.campbell@tdhca.state.tx.us.


2/1/17

TRACs 203A Update

Get a Better Understanding of TRACS 203A and the Modifications Required for Compliance.

TRACs 203A Update—All You Need to Know By: Paul Flogstad

Date & Time: Wednesday, March 8, 2017| 1:00 pm ET | 12:00 pm CT | 11:00 am MT | 10:00 am PT

REGISTER NOW.

In 2013, HUD published HUD 4350.3 REV-1, CHG-4 making additional changes. HUD’s multifamily housing business partners are required to demonstrate compliance with these requirements through the data they submit to HUD by way of TRACS. The requirements in this document modify TRACS to permit HUD’s business partners to comply with the regulations, and to enable TRACS to validate the submitted data within the limits of the legacy data model. Contract uncertainties and funding issues have compromised TRACS’ ability to promptly respond to the Handbook revisions.

Implementation of TRACS Release 2.0.3.A will require a three-month, minimum, transition period during which TRACS and CAs will receive data under both the Release 2.0.2.D and Release 2.0.3.A formats. System modifications will be required to facilitate the Release 2.0.3.A transition, and database table conversions will be required to provide a stable platform for continued operations.

Comparison with the TRACS 2.0.2.D requirements: The scope of work outlined below is less than that needed for TRACS 2.0.2.D. The big difference between TRACS 2.0.2.D and 2.0.3.A is on the level of risk involved. 2.0.3A is its much lower risk. With 2.0.2.D, among other things, major changes were made to the voucher system of records with the addition of new Section 3, Section 4 and Section 7 records. There is nothing comparable to these changes in 2.0.3.A.

Join expert speaker Paul Flogstad to discuss more on these new changes, as well as the TRACS Operating Tips and more. The program will also cover all of the updates to the 202D program with the new 203A program. Associated implementation dates will also be discussed during this session.

In this program, you will learn:

  • TRACS Operating Tips
  • MAT Tenant System Record Formats & Definitions
  • MAT Voucher/Payment Record Formats & Definitions
  • The old Chapter 9 from the 4350.3
  • Calculation Guidelines
  • MAT15 Address Record Specification
  • Baseline Requirements
  • New Subsidy Types
  • Updated and New Calculations

CLICK HERE TO REGISTER.

Attend in a Group and save upto 50%. To Book, Call Now: 1-800-223-8720

Thanks,
Jack Robinson
2222 Sedwick Rd, Durham NC 27713


1/27/16

Unit Status Report (“USR”) UPDATE

Property owners/managers now have the ability to submit USRs through the Compliance Monitoring and Tracking System (“CMTS”).  The “Submit” column of the Unit Status Reports screen will state [Cannot submit USR]** until tenant-level data has been entered or uploaded for all units. Below that message all units with incomplete tenant-level data are listed. Once all household records are updated with complete tenant data, a [Submit] link will appear instead.

For those properties that upload unit data directly from their property management systems:  TDHCA is currently working with the three property management software vendors that include UsrRemote capabilities in their systems on a new unit and tenant data upload feature named CMTS Unit Upload that will replace UsrRemote.  Testing has begun for the new CMTS Unit Upload Feature, and we have requested that vendors implement the ability to use the feature in their systems by April 1, 2017.

As a reminder, the requirement to submit Quarterly USRs on January 10, 2017, and April 10, 2017, as described in §10.607(f), has been suspended. However, any development selected for an onsite monitoring review must submit a pre-onsite USR. All parts of the Annual Owner’s Compliance Report (“AOCR”) described in §10.607(c), including the USR, are due April 30, 2017.

For questions, please contact cmts.requets@tdhca.state.tx.us.

 

 

 

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