Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,058
5985-6306 p. ; 28 cm.View a full description of this periodical.
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revisions being proposed are minor and add no costs to the
property's operations. There are no rural communities subject
to the proposed rule as these properties are not owned directly
by municipalities; therefore the economic impact of the rule on
rural communities is projected to be $0.
3. The Department has determined that because the proposed
amendments apply to existing multifamily developments, there
will be no economic effect on small or micro-businesses or rural
communities.
c. TAKINGS IMPACT ASSESSMENT REQUIRED BY TEX.
GOV'T CODE 2007.043. The proposed amendments do not
contemplate or authorize a taking by the Department; therefore,
no Takings Impact Assessment is required.
d. LOCAL EMPLOYMENT IMPACT STATEMENTS REQUIRED
BY TEX. GOV'T CODE 2001.024(a)(6).
The Department has evaluated the rule as to its possible ef-
fects on local economies and has determined that for the first
five years the rule will be in effect the proposed amendments
have no economic effect on local employment because the rules
relate only to a process which has already been in effect for ex-
isting multifamily properties in the Department's portfolio; there-
fore, no local employment impact statement is required to be
prepared for the rule.
e. PUBLIC BENEFIT/COST NOTE REQUIRED BY TEX. GOV'T
CODE 2001.024(a)(5). Mr. Wilkinson has determined that, for
each year of the first five years the proposed amendments are in
effect, the public benefit anticipated as a result of the proposed
amendments will be a clarification of existing affirmative market-
ing requirements. There will not be economic costs to individuals
required to comply with the amendment section.
f. FISCAL NOTE REQUIRED BY TEX. GOV'T CODE
2001.024(a)(4). Mr. Wilkinson also has determined that for
each year of the first five years the proposed amendments are
in effect, enforcing or administering the amendment does not
have any foreseeable implications related to costs or revenues
of the state or local governments because this rule has already
been in effect elsewhere in rule.
REQUEST FOR PUBLIC COMMENT. The public comment pe-
riod will be held from September 17, 2021, to October 18, 2021,
to receive input on the amended section. Written comments may
be submitted to the Texas Department of Housing and Com-
munity Affairs, Attn: Brooke Boston, Rule Comments, P.O. Box
13941, Austin, Texas 78711-3941, or email brooke.boston@td-
hca.state.tx.us. ALL COMMENTS MUST BE RECEIVED BY
5:00 P.M., Austin local time, October 18, 2021.
STATUTORY AUTHORITY. The proposed amendments are
made pursuant to Tex. Gov't Code 2306.053, which authorizes
the Department to adopt rules.
Except as described herein the proposed amended sections af-
fect no other code, article, or statute.
10.801. Affirmative Marketing Requirements.
(a) Applicability. Compliance with this section is required for
all Developments with five or more total units to further the objec-
tives of Title VIII of the Civil Rights Act of 1968 and Executive Order
13166.
(b) General. A Development Owner with five or more total
Units must affirmatively market the Units to promote equal housing
choice for prospective tenants, regardless of race, color, religion, sex,national origin, familial status, or disability and must develop and carry
out an Affirmative Fair Housing Marketing Plan (or Affirmative Mar-
keting Plan) to provide for marketing strategies and documentation of
outreach efforts to prospective applicants identified as "least likely to
apply." To determine the "least likely to apply" populations, a Develop-
ment Owner is encouraged to use Worksheet 1 of HUD Form 935.2A,
but at a minimum the Owner must document that they have compared
the demographic composition of the Development to the market area to
determine the populations least likely to apply. All Affirmative Mar-
keting Plans must provide for affirmative marketing to Persons with
Disabilities. Although not related to Affirmative Marketing require-
ments in this section, some [Some] Developments may be required by
their LURAs to market units specifically to veterans or other popula-
tions as part of their regular marketing activities.
(c) Plan format. A Development Owner must prepare, have in
its onsite records, and submit to the Department upon request, a written
Affirmative Marketing Plan. Owners are encouraged to use any version
of HUD Form 935.2A to meet Affirmative Marketing requirements.
An Owner participating in a HUD funded program administered by the
Department must use the version utilized by the program.
(d) Marketing and Outreach.
(1) The plan must include special outreach efforts to the
"least likely to apply" populations through specific media, organiza-
tions, or community contacts that work with least likely to apply pop-
ulations or work in areas where least likely to apply populations live.
The outreach efforts identified in the Affirmative Marketing Plan must
be performed by the Development at least once per calendar year.
(2) To the extent that advertisements and/or marketing ma-
terials are utilized for the Development, those materials must contain:
(A) The Fair Housing logo
Figure: 10 TAC 10.801(d)(2)(A);
(B) The contact information for the individual who can
assist if reasonable accommodations are needed in order to complete
the application process; and
(C) Property contact information, which must be pro-
vided in both English and Spanish, and may be required to be provided
in other languages in accordance with Limited English Proficiency Re-
quirements.
(e) Timeframes.
(1) An Owner must begin its affirmative marketing efforts
for each of the identified populations least likely to apply at least six
months prior to the anticipated date the first building is to be available
for occupancy.
(2) An Owner must update its Affirmative Marketing Plan
and populations that are least likely to apply every five years from the
effective date of the current plan or, for HUD funded or USDA prop-
erties, as otherwise required by HUD or USDA.
(f) Recordkeeping. Owners must maintain records of each Af-
firmative Marketing Plan and specific outreach efforts completed for
the greater of three years or the recordkeeping requirement identified
in the LURA.
(g) Exception to Affirmative Marketing. If the Development
has closed its waitlist, Affirmative Marketing is not required. Affirma-
tive Marketing is required as long as the Owner is accepting applica-
tions, has an open waitlist, or is marketing prior to the building being
ready for occupancy [placement in service] as required under subsec-
tion (e)(1) of this section.46 TexReg 6058 September 17, 2021 Texas Register
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/76/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.