(a) For all rental programs administered by the Department,
annual income shall be determined consistent with the Section 8 Program
administered by HUD, using the definitions of annual income described
in 24 CFR §5.609 as further described in the HUD Handbook 4350.3
as amended from time to time. For the Housing Tax Credit program,
where there is a conflict between the HUD Handbook 4350.3 and the
IRS Guide for Completing IRS Form 8823, the IRS guidance will be controlling.
At the time of program designation as a low-income household, Owners
must certify and document household income. In general, all low-income
households must be certified prior to move in. Certification and documentation
of household income is an Owner responsibility, even if the Owner
is using a manager's services to handle tenant intake and leasing.
Accordingly, Owner's should ensure that they hire competent and properly
trained managers and that they exercise appropriate oversight of any
manager's activities.
(b) For the initial certification of a household residing
in a HOME unit at a Development committed HOME funds after August
23, 2013, owners must examine at least 2 months of source documents
evidencing annual income (e.g. wage statement, interest statement,
unemployment compensation).


Source Note: The provisions of this §10.611 adopted to be effective November 28, 2013, 38 TexReg 8410