1. (a) Purpose. It is the purpose of this section to outline the guidelines related to the provision of integrated housing as it relates to the Department's programs.

2. (b) Definitions. The following words and terms, when used in this subsection, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Board--means the governing board of the department.

   2. (2) Colonia--A geographic area located in a county some part of which is within 150 miles of the international border of this state and that:

      1. (A) has a majority population composed of individuals and families of low income and very low income, based on the federal Office of Management and Budget poverty index, and meets the qualifications of an economically distressed area under §17.921, Water Code; or
      2. (B) has the physical and economic characteristics of a colonia, as determined by the Texas Water Development Board.
   3. (3) Department--the Texas Department of Housing and Community Affairs
   4. (4) General population--Not segregated by type of disability or special needs status.

   5. (5) Housing development--Property or work or a project, building, structure, facility, or undertaking, whether existing, new construction, remodeling, improvement, or rehabilitation, that meets or is designed to meet minimum property standards required by the department and that is financed under the provisions of this chapter for the primary purpose of providing sanitary, decent, and safe dwelling accommodations for rent, lease, use, or purchase by individuals and families of low and very low income and families of moderate income in need of housing. The term includes:

      1. (A) buildings, structures, land, equipment, facilities, or other real or personal properties that are necessary, convenient, or desirable appurtenances, including streets, water, sewers, utilities, parks, site preparation, landscaping, stores, offices, and other non-housing facilities, such as administrative, community, and recreational facilities the department determines to be necessary, convenient, or desirable appurtenances; and
      2. (B) single and multifamily dwellings in rural and urban areas.
   6. (6) Integrated housing--Normal, ordinary living arrangements typical of the general population. Integration is achieved when individuals with disabilities choose ordinary, typical housing units that are located among individuals who do not have disabilities or other special needs. Regular, integrated housing is distinctly different from assisted living facilities/arrangements.
   7. (7) Large housing development--Single or multifamily housing development that has 50 or more units.
   8. (8) Multifamily housing development--A project that contains five or more housing units.

   9. (9) Persons with Disabilities--A household composed of one or more persons, at least one of whom is an individual who is determined to:

      1. (A) Have a physical, mental, or emotional impairment that:

         1. (i) Is expected to be of long-continued and indefinite duration;
         2. (ii) Substantially impedes his or her ability to live independently; and
         3. (iii) Is of such a nature that the disability could be improved by more suitable housing conditions; or
      2. (B) Have a developmental disability, as defined in §102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001-6007); or
      3. (C) Be the surviving member or members of any family that had been living in an assisted unit with the deceased member of the family who had a disability at the time of his or her death; or
      4. (D) Be legally responsible for caring for an individual described by subparagraphs (A) or (B) of this paragraph.
   10. (10) Scattered Site--One to four family dwellings located on sites that are on non-adjacent lots, with no more than four units on any one site.
   11. (11) Small housing development--a single or multifamily housing development that has less than 50 units.

   12. (12) Special Needs Populations--Persons who:

       1. (A) are considered to be disabled under state or federal law,
       2. (B) are elderly, meaning 60 years of age or older or of an age specified by an applicable federal program,
       3. (C) are designated by the Board as experiencing a unique need for decent, safe housing that is not being met adequately by private enterprise (these include: persons with alcohol and/or drug addictions, colonia residents, persons with disabilities, victims of domestic violence, persons with HIV/AIDS, homeless populations, and migrant farmworkers), or
       4. (D) are legally responsible for caring for an individual described by subparagraphs (A), (B), or (C) of this paragraph and meet the income guidelines established by the Board.
   13. (13) Tenant-Based Rental Assistance--A form of rental assistance in which the assisted tenant may move from a dwelling unit with a right to continued assistance. The assistance is provided for the tenant, not for the project.
   14. (14) Tenant Services--Social services, including child care, transportation, and basic adult education, that are provided to individuals residing in low income housing under Title IV-A, Social Security Act (42 U.S.C. §601 et seq.), and other similar services. Tenant participation in services cannot be required.
   15. (15) Transitional housing--A project that has as its purpose facilitating the movement of homeless individuals and families to permanent housing within a reasonable amount of time (usually 24 months). Transitional housing includes but is not limited to housing primarily designed to serve deinstitutionalized homeless individuals and other homeless individuals with mental or physical disabilities, homeless families with children, and victims of domestic violence.
   16. (16) Unit--Any residential rental unit in a housing development consisting of an accommodation including a single room used as an accommodation on a non-transient basis, that contains complete physical facilities and fixtures for living, sleeping, eating, cooking and sanitation.

3. (c) Procedures.

   1. (1) A housing development may not restrict occupancy solely to people with disabilities or people with disabilities in combination with other special needs populations.

      1. (A) Large housing developments shall provide no more than 18 percent of the units of the development set-aside exclusively for people with disabilities. The units must be dispersed throughout the development.
      2. (B) Small housing developments shall provide no more than 36 percent of the units of the development set-aside exclusively for people with disabilities. These units must be dispersed throughout the development.
   2. (2) Set aside percentages outlined in subparagraphs (A) and (B) of paragraph (1) of this subsection refer only to the units that are to be solely restricted for person with disabilities. This section does not prohibit a property from having a higher percentage of occupants that are disabled.
   3. (3) Property owners may not market a housing development entirely, nor limit occupancy to, persons with disabilities.

4. (d) Exceptions.

   1. (1) Scattered site development and tenant based rental assistance is exempt from the requirements of this section.
   2. (2) Transitional housing is exempt from the requirements of this section, but must be time limited, with a clear and convincing plan for permanent integrated housing upon exit from the transitional situation.
   3. (3) This section does not apply to housing developments designed exclusively for the elderly.
   4. (4) This section does not apply to housing developments designed for other special needs populations.
5. (e) Board Waiver. The Board may waive the requirements of this rule to further the purposes or policies of Chapter 2306, Texas Government Code, or for other good cause.

Source Note:The provisions of this §1.15 adopted to be effective December 7, 2003, 28 TexReg 10689.