TDHCA is releasing a proposed rule action for public comment on 10 TAC Chapter 23, Single Family HOME Program Rule as approved by the TDHCA Governing Board on November 7, 2024.  The rule will be published in the Texas Register dated November 22, 2024, and public comment will run until 5:00 p.m. Central Standard Time on December 27, 2024.

Proposed changes to the Single Family HOME Rule include the following:

• Merges the threshold Application requirements into Subchapter B and removes these from the Activity specific subchapters.

• Increases the amount required for cash reserves to operate prior to reimbursement within the threshold application requirements.

• Increases construction cost limitations, including both hard costs and soft costs, and includes references to federal subsidy and value limitations.

• Adds a requirement for waivers of customary fees charged by Applicants, which will be provided as Matching contributions for the HOME Program.

• Allows for Single Family Development to be offered as a non-CHDO development activity to increase the number of organizations that may be able to participate.

• Codifies ineligibility of payment of late fees for the TBRA Program.

• Updates the payment standard language for TBRA to include use of HUD's Small Area Fair Market Rent (SAFMR) in non-metropolitan areas when a SAFMR is published by HUD, and sets a compliance date for use of updated Fair Market Rents (FMRs) and SAFMRs to be January 1 of the year following the date of publication.

• Incorporates the compliance date for the Housing Opportunity Through Modernization Act (HOTMA) as it applies to Single Family HOME Program Activities.

The proposed rule action can be found on the TDHCA Public Comment Center at https://www.tdhca.texas.gov/tdhca-public-comment-center, and is expected to be posted in the Texas Register edition dated November 22, 2024, at http://www.sos.state.tx.us/texreg/index.shtml.

Written comments may be submitted to the Texas Department of Housing and Community Affairs, Attn: Erin Mikulenka, Rule Comments, P.O. BOX 13941, Austin, TX 78711-3941 or via email to erin.mikulenka@tdhca.texas.gov.