1. (a) Owners must maintain written tenant selection criteria. The criteria cannot:

   1. (1) Exclude an individual or family from admission to the Development solely because the individual or family participates in the HOME Tenant Based Rental Assistance Program, the housing choice voucher program under Section 8, United States Housing Act of 1937 (42 U.S.C. §1437f), or other federal rental assistance program;
   2. (2) Use a financial or minimum income standard for an individual or family participating in the voucher program that requires the individual or family to have a monthly income of more than 2.5 times the individual's or family's share of the total monthly rent payable to the Owner of the Development. However, if a family's share of the rent is $50 or less, Owners may require a minimum annual income of $2,500; and
   3. (3) In accordance with the Violence Against Women Reauthorization Act of 2013, deny admission on the basis that the applicant has been a victim of domestic violence, dating violence, sexual assault, or stalking.

2. (b) The criteria must:

   1. (1) State that the Development will comply with state and federal fair housing and antidiscrimination laws;
   2. (2) Apply screening criteria uniformly (rental, credit, and/or criminal history), including employment policies, and in a manner consistent with the Texas and Federal Fair Housing Acts, program guidelines, and the Department's rules;
   3. (3) Be reasonably related to program eligibility and the applicant's ability to perform the obligations of the lease; and
   4. (4) For all elderly Developments, must specify age requirements and demonstrate a commitment to operate the Development as Housing for Older Persons. Units in a Development as Housing for Older Persons may not lease units to households not meeting the criteria of qualified elderly except as expressly permitted by written guidance from HUD.

3. (c) Owners of HOME Developments must also:

   1. (1) Provide any rejected applicant written notification of the grounds for rejection within thirty (30) days; and
   2. (2) Maintain a written waiting list and select tenants from the waiting list in chronological order, insofar as is practicable.

Source Note:The provisions of this §10.610 adopted to be effective November 28, 2013, 38 TexReg 8410.