1. (a) Availability of funding for and specific Program requirements related to the Activities described in subsection (b)(1) - (7) of this section are defined in each Program's Rules.

2. (b) Activity Types for eligible single family housing Activities include the following, as allowed by the Program Rule or NOFA:

   1. (1) Rehabilitation or new construction of Single Family Housing Units;
   2. (2) Reconstruction of an existing Single Family Housing Unit on the same site;
   3. (3) Replacement of existing owner-occupied housing with a new MHU;
   4. (4) Acquisition of Single Family Housing Units, including acquisition with rehabilitation and accessibility modifications;
   5. (5) Refinance of an existing Mortgage or Contract for Deed mortgage;
   6. (6) Tenant-based rental assistance; and
   7. (7) Any other single family Activity as determined by the Department.

3. (c) Implementation of Single Family Activities are subject to §1.410 of this Part (relating to Determination of Alien Status for Program Beneficiaries).

   1. (1) For Tenant-based rental assistance, each Household member must be evaluated prior to submission of the activity to the Department for review in accordance with §1.410 of this Part (relating to Determination of Alien Status for Program Beneficiaries). Assistance for mixed status Households must be prorated utilizing the method for proration of assistance described in 24 CFR §5.520(c)(2) related to prorated assistance for a Section 8 Housing Choice Voucher tenancy.
   2. (2) For assistance provided as an area benefit or limited clientele activity under the Colonia Self-Help Centers Program related to CDBG, area benefit activities and limited clientele activities are exempt from the verification requirements in §1.410 of this Part (relating to Determination of Alien Status for Program Beneficiaries) as individual eligibility is not required to be established for these Activity types.
   3. (3) For any other single family housing Activity, any Household member who has or will have an ownership interest in the assisted housing upon completion of the Activity must be verified to be eligible in accordance with §1.410 of this Part (relating to Determination of Alien Status for Program Beneficiaries), prior to submission of the Activity to the Department for review.
   4. (4) Populations that are documented by the Administrator as covered by the Violence Against Women Act (VAWA) or the Family Violence Prevention and Services Act (FVPSA) are excepted from having verification under this rule performed, unless required to do so under federal guidance.
   5. (5) Administrators must include in their operational processes a means by which a household may appeal a determination of their eligibility under this subsection.

Source Note:The provisions of this §20.4 adopted to be effective March 28, 2024, 49 TexReg 1899; amended to be effective March 26, 2026, 51 TexReg 1846.