RULE §23.62 Tenant-Based Rental Assistance (TBRA) Administrative Requirements

Published: 2015

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(a) Commitment or Reservation of Funds. The Administrator
must submit the documents described in paragraphs (1) - (9) of this
subsection, with a request for the Commitment or Reservation of Funds:
  (1) head of Household name and address of housing unit
for which assistance is being requested;
  (2) a budget that includes the amount of Direct Project
Costs, Project Soft Costs, administrative costs requested, Match to
be provided, evidence that Direct Project Cost limitations are not
exceeded, and evidence that any duplication of benefit is addressed;
  (3) verification of environmental clearance;
  (4) a copy of the Household's intake application on
a form prescribed by the Department;
  (5) certification of the income eligibility of the
Household signed by the Administrator, and all Household members age
18 or over, and including the date of the income eligibility determination.
Administrator must submit documentation used to determine the income
and rental subsidy of the Household;
  (6) identification of Lead-Based Paint (LBP);
  (7) if applicable, documentation to address or resolve
any potential conflict of interest or duplication of benefit;
  (8) project address within ninety (90) days of preliminary
set up approval, if applicable; and
  (9) any other documentation necessary to evidence that
the Project meets the Program Rules.
(b) Disbursement of funds. The Administrator must comply
with all of the requirements described in paragraphs (1) - (8) of
this subsection for a request for disbursement of funds. Submission
of documentation related to the Administrator compliance with requirements
described in paragraphs (1) - (8) of this subsection may be required
with a request for disbursement:
  (1) If required or applicable, up to 50 percent of
Direct Project Costs for a Project may be drawn before providing evidence
of Match. Thereafter, each Administrator must provide evidence of
Match, including the date of provision, in accordance with the percentage
of Direct Project Costs disbursed;
  (2) Certification that its fiscal control and fund
accounting procedures are adequate to assure the proper disbursal
of, and accounting for, funds provided, no Person that would benefit
from the award of HOME funds has provided a source of Match or has
satisfied the Applicant's cash reserve obligation or made promises
in connection therewith; that each request for disbursement of HOME
funds is for the actual cost of providing a service and that the service
does not violate any conflict of interest provisions;
  (3) Expenditures must be allowable and reasonable in
accordance with federal, state, and local rules and regulations. The
Department shall determine the reasonableness of each expenditure
submitted for reimbursement. The Department may request Administrator
to make modifications to the disbursement request and is authorized
to modify the disbursement procedures set forth herein and to establish
such additional requirements for payment of HOME funds to the Administrator
or Developer as may be necessary or advisable for compliance with
all Program Requirements;
  (4) With the exception of up to 25 percent of the total
funds available for administrative costs, the request for funds for
administrative costs must be proportionate to the amount of Direct
Project Costs requested or already disbursed;
  (5) Requests may come in up to ten (10) days in advance
of the first day of the following month;
  (6) For final disbursement requests, submission of
documentation required for Project completion reports;
  (7) Household commitment contracts may be signed after
the end date of an RSP only in cases where the Department has approved
a project set-up with a project address to be determined at a later
time; and
  (8) The final request for disbursement must be submitted
to the Department with support documentation no later than sixty (60)
days after the termination date of the Contract in order to remain
in compliance with Contract and eligible for future funding. The Department
shall not be obligated to pay for costs incurred or performances rendered
after the termination date of a Contract.

Source Note: The provisions of this §23.62 adopted to be effective August 30, 2015, 40 TexReg 5324