1. (a) Owner-occupied homes are eligible for Program assistance.

   1. (1) In owner-occupied homes, the owner of record must reside in the home as their permanent residence unless otherwise approved by the Department.
   2. (2) Real property taxes assessed on an owner-occupied Single Family Housing Unit must be current (including prior years). Alternatively, the Household must be satisfactorily participating in an approved payment plan with the taxing authority and must be current for at least six consecutive months prior to the date of Application, or, must have qualified for an approved tax deferral plan, or has received a valid exemption from real property taxes.

2. (b) Certain rental units are eligible for Program assistance.

   1. (1) In rental units, all Household occupants, including the Person with Disability, must be named on the intake application and Household Income Certification.
   2. (2) If the owner of record does not live in the subject property with the Person with Disability, the Department may consider it a renter-occupied unit.
   3. (3) If the property is family-owned but the owner of record is not a Household member (or is deceased), the Department may consider it a renter-occupied unit on a case by case basis.

   4. (4) The following rental properties are ineligible for Program assistance:

      1. (A) Property that is or has been developed, owned, or managed by that Administrator or an Affiliate;
      2. (B) Rental units in properties that are financed with any federal funds or that are subject to 10 TAC Chapter 1, Subchapter B, §1.206 relating to Applicability of the Construction Standards for Compliance with §504 of the Rehabilitation Act of 1973.
      3. (C) Rental units that have life-threatening hazards or unsafe conditions identified in the initial inspection. Program funds may not be used to correct hazardous or unsafe conditions in rental units, but may be used for accessibility modifications only after the life-threatening hazards and unsafe conditions have been corrected by the property owner at the property owner's expense.
      4. (D) Rental units owned by a property owner who is delinquent on property taxes associated with the property occupied by the Household.

Source Note:The provisions of this §26.26 adopted to be effective November 5, 2017, 42 TexReg 6002.